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cp09-13-22r � � �� /hi��i 1l{ IIIoII lc,yt II�1.'1111 N CITY ON PURPOSE, CITY OF HUTCHINSON MCLEOD COUNTY HUTCHINSON, MINNESOTA NOTICE OF A SPECIAL CITY COUNCIL WORKSHOP Tuesday, September 13, 2022 4:00 p.m. Council Chambers — Hutchinson City Center Notice is hereby given that the Hutchinson City Council has called a special workshop meeting for Tuesday, September 13, 2022, at 4:00 p.m. in the Council Chambers at the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, Minnesota for the following purpose: REVIEW OF 2023 PRELIMINARY BUDGET AND TAX LEVY ....... .............m _.._. Matthew J ich, City Administrat ._.......... DATED: September 8, 2022 POSTED: City Center HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, SEPTEMBER 13, 2022 CITY CENTER — COUNCIL CHAMBERS (Tie City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. (a) Approve the Council agenda and any agenda additions widlor corrections 2. INVOCATION — Oak Heights Covenant Church (The invocation is a voluntary expression oftheprivate citizen, to and for the City Council, and is not in tended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previous y reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15489 - Resolution Accepting $600 Donation from Walter & Lynne Clay for Future Equipment Purchases at Hutchinson Police Department PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor if he will be acceptingpublic comments during the agenda item if not a public hearing. Ifyou have a question, concern or comment, please ask to e recognized by the mayor state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciateeA, butplease refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of August 23, 2022 (b) Workshop Minutes of August 23, 2022 CONSENT AGENDA (The items listedjor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed) 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Resolution No. 15476 — Resolution Donating Unclaimed Property (Bicycle) (b) Consideration for Approval of Resolution No. 15477 — Resolution to Sell at Auction Unclaimed Property and Bicycles (c) Consideration for Approval of Resolution No. 15487 — Resolution Approving MnDOT Limited Use Pennit to Install Trail Assets Along Hwy 15 South CITY COUNCIL AGENDA September 13, 2022 (d) Consideration for Approval of Resolution No. 15490 — Resolution Establishing Traffic Control Devices ("No Parking Here to Comer" on 6th Avenue NE) (e) Consideration for Approval of Addendum to Development Agreement With Hutch Uptown Commons, LLC (f) Consideration for Approval of Grant Agreement with the Federal Emergency Management Agency to Acquire and Move Houses from the 100-Year Flood Plain (g) Consideration for Approval of Pavement Management Project at Creekside (h) Consideration for Approval of Spectrashield Manhole Lining Project (i) Consideration for Approval of 2022 Wastewater Lift Station Improvements 0) Consideration for Approval to Purchase a Wheel Loader from Titan Machinery for Creekside (k) Consideration for Approval to Allow Equul Access to Use Two Parking Spaces Behind Art's Place on September 24, 2022, for a Horse Display (1) Consideration for Approval of Premises Permit Applications for Hutchinson Youth Basketball Association to Operate Gambling Devices at River House Kitchen + Drinks and Main Street Sports Bar (in) Consideration for Approval of Issuing Parade Permit to Hutchinson High School Student Council on September 30, 2022 (n) Claims, Appropriations and Contract Payments — Register A 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B PUBLIC HEARINGS — NONE purpose of this portion of the agenda is to provide the Council with information necessary to craft wise policy. rdes items like monthly or annual reports and communications from other entities.) UNFINISHED BUSINESS NEW BUSINESS 9. APPROVE/DENY RESOLUTION NO. 15488 — RESOLUTION AUTHORIZING ISSUANCE OF $6,150,000 GENERAL OBLIGATION BONDS, SERIES 2022A 2 CITY COUNCIL AGENDA September 13,2022 10. APPROVE/DENY LAKES & RIVER IMPROVEMENTS PROJECT BUDGET AND TASK UPDATE AS PRESENTED BY BOLTON & MENK INC. 11. APPROVE/DENY SEPARATING THE PUBLIC WORKS DIRECTOR/CITY ENGINEER POSITION INTO TWO SEPARATE POSITIONS 12. APPROVE/DENY SETTING ANNUAL CITY RECOGNITION EVENT FOR NOVEMBER 3, 2022, AT 5:30 P.M. AT HUTCHINSON EVENT CENTER GOVERNANCE (1hepurpose oj Ni—sportion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 13. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Hutchinson Utilities Commission Minutes from July 20, 2022 (b) EDA Board Minutes from July 27 and August 15, 2022 MISCELLANEOUS 14. STAFF UPDATES 15. COUNCIL/MAYOR UPDATE ADJOURNMENT CITY OF HUTCHINSON RESOLUTION NO. 15489 RESOLUTION ACCEPTING DONATION WHEREAS, the City of Hutchinson is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and WHEREAS, the following persons or entities have offered to contribute the cash amounts set forth below to the city: Name of Donor Amount Donation Date Walter & Lynne Clay $600.00 9/1/2022 WHEREAS, such a donation has been contributed to the City of Hutchinson Police Department towards future equipment purchases. WHEREAS, the City Council finds that it is appropriate to accept the donation offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, AS FOLLOWS: THAT, the donation described above is hereby accepted by the City of Hutchinson. Adopted by the City Council this 13th day of September 2022. ATTESTED: Matthew Jaunich City Administrator APPROVED: Gary T. Forcier Mayor HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, AUGUST 23,2022 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: Citypolicy and practices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Pat May, Dave Sebesta, Mary Christensen and Chad Czmowski. Others present were Matt Jaunich, City Administrator and Marc Sebora, City Attorney. (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Christensen, second by Sebesta, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION (The invocation is a voluntary expression ofthe private citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference or, any religiousIspiritual organization. the views or belief's expressed by the invocation speaker have not beer, previous 1j,reviewed revewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15482 - Resolution Accepting Donation from Joyce Hochsprung (Varieties of Daylilies to Parks Department) Motion by Christensen, second by May, to approve Resolution No. 15482. Motion carried unanimously. PUBLIC COMMENTS (I his is an opportunity 7o—rmembers of the public to address the City Council. 1j'the topic you would like to discuss is on the agenda, please ask the Mayor if he will be acceptingpublic comments during the agenda item ij'not a public hearing. If you have a question, concern or comment, please ask to be recognized by the mayor yor state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL Amy Olson Weliseler, candidate for McLeod County Attorney, presented before the Council. Ms. Wehseler provided information on her campaign and her backgrourid. 6. APPROVAL OF MINUTES (a) Regular Meeting of August 9, 2022 Motion by Sebesta, second by May, to approve meeting minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listedfor consideration will be enacted b * y one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed) CITY COUNCIL MINUTES , August 23, 2022 7. APPROVAL OF CONSENT AGENDA (a) Reappointment of Robin Kashuba to HRA Board to August 2027 (b) Consideration for Approval of Resolution No. 15483 — Resolution Adopting Findings of Fact and Reasons for Approval of a Site Plan Located at 325 Michigan Street SE With Favorable Planning Commission Recommendation (c) Consideration for Approval of Resolution No. 15485 — Resolution Establishing Traffic Control Devices (Stop Sign/Yield Sign at Hwy 15 Frontage Road and Lynn Road) (d) Consideration for Approval of Resolution No. 15486 - Resolution Appointing an Interim City Engineer (e) Consideration for Approval of Police Department Work Stations and Ancillary Equipment (f) Consideration for Approval of Improvement Project change Orders 1. Change Order No. 15 — 21 - Letting No. 3, Project No. 21-03 (Wastewater Treatment Facility Headworks Improvements) 2. Change Order No. 6 — Letting No. 1, Project No. 22-01 (2022 Pavement Management Program) (g) Claims, Appropriations and Contract Payments Item 7(e) was pulled for separate discussion. Motion by May, second by Christensen, to approve consent agenda with the exception of Item 7(e). Motion carried unanimously. Item 7(e) had further discussion. Council Member May asked for clarification on some of the purchases and prices of them. He was inquiring for his own due diligence and the using of Prevolv through a cooperative purchase venture of which the City is a member. Chief Tom Gifferson noted that Prevolv is an approved vendor through the cooperative purchasing venture and vets all quotes/bids received through the program. Chief Gifferson also noted that in today's market these prices are competitive and the products are of high quality. Matt Jaunich noted to keep in mind that the facility includes the EOC which has a minimum of 50 chairs and many tables and there are spaces allowed for seasonal employees as well. Motion by May, second by Forcier, to approve Item 7(e). Motion carried unanimously. PUBLIC HEARINGS — NONE purpose oJ'thisportion oJ-the agenda is toprovide the CounciFw—ith information necessary to craft wise policy. des items like monthly or annual reports and communications from other entities) UNFINISHED BUSINESS NEW BUSINESS 2 CITY COUNCIL MINUTES August 23, 2022 8. APPROVE/DENY RESOLUTION NO. 15484 - RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT TO MOVE A BUILDING FROM 135 MONROE STREET SE TO 490 HWY 7 EAST AND CONSIDERATION OF A LOT SPLIT LOCATED AT 490 HWY 7 EAST WITH SPLIT PLANNING COMMISSION RECOMMENDATION Dan Jochum, Planning/Zoning/Building Director, presented before the Council. Mr. Jochum explained that Ian McDonald is requesting to move a building that is currently located on Monroe Street to a lot he owns on Hwy 7 East. Mr. Jochum noted that the Planifing Commission voted to approve this item 5-1 with the dissenting vote raising questions about the zoning ordinance requirements that lots be 1-acre in size and have a minimum width of 200 feet and a minimum depth of 250 feet. Although the subject lot meets the 1-acre lot requirement and depth requirement it does not meet the width requirement. Mr. Jochum noted that over the years staff have allowed lots as long as they meet the 1-acre requirement and also that there have been lots that have met the 1-acre requirement approved that didn't meet the width and depth standards in the zoning ordinance. MT. Jochum explained that the zoning ordinance is confusing in this area as it states lots inust be one acre but the size would be larger than one acre if the minimum lot sizes are enforced. MT. Jochum stated that staff is suggesting that the zoning ordinance be updated to remove this confusing language and will make revisions in the near future. Motion by Czmowski, second by Sebesta, to approve Resolution No. 15484. Motion carried unanimously. GOVERNANCE (I lie purpose oJ tFis—portion of the agenda is to deal with organizational development issues, including policies, perjbrmances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 9. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Library Board Minutes from June 27, 2022 (b) Public Arts Commission Minutes from July 20, 2022 (c) Hutchinson Housing & Redevelopment Authority Annual Meeting Minutes from August 17, 2021 (d) Hutchinson Housing & Redevelopment Authority Board Meeting Minutes from July 19, 2022 (e) Planning Commission Minutes from July 19, 2022 (f) City of Hutchinson Financial Report and Investment Report for July 2022 MISCELLANEOUS 10. STAFF UPDATES John Olson — Mr. Olson provided an update on the Civil Air Patrol project. He noted that water and sewer has been put in to the building (hangar) site and excavation work has begun. They are hoping that materials will be delivered in September and October and will continue to keep working. The hope is the project will be completed next Summer. 11. COUNCIL/MAYOR UPDATE ADJOURNMENT CITY COUNCIL MINUTES —August 23, 2022 Motion by May, second by Czmowski, to adjourn at 6:00 p.m. Motion carried unanimously. HUTCHINSON CITY COUNCIL REVIEW OF 2023 PRELIMINARY CAPITAL IMPROVEMENT PLAN MINUTES TUESDAY, AUGUST 23,2022, AT 4:00 PM CITY CENTER — COUNCIL CHAMBERS 1. Call to Order Mayor Forcier called the workshop to order at 4:00 p.m. Members present included Mary Christensen, Pat May, Chad Czmowski, and Dave Sebesta. Others present were Matt Jaunich, City Administrator and other city directors. REVIEW OF 2023 PRELIMINARY CAPITAL IMPROVEMENT PLAN 2. 2023 Preliminary Capital Improvement Plan Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich reviewed the purpose of a capital improvement plan and the planning that goes into it. A CIP is a document that realistically projects city needs, outlines means by which those needs can be met and provides prioritization of those needs for large capital items within the city. The planning process provides city staff and Council with a framework to make decisions regarding current and future city needs considering the city's financial capability. The CIP commits the City to a long term capital plan that ensures that expenditures can be made to add or replace capital items when needed, without significant fluctuations in the property tax levy. Capital planning enables the City to maintain a stable property tax rate, prevent peaks and valleys in its debt retirement program and establish and thereafter improve its credit rating. The CIP establishes a comprehensive development program that is used to maximize outside revenue sources and effectively plan for the growth and maintenance of the city's infrastructure. The plan can and should be used as a goal, priority and vision -setting tool. Mr. Jaunich also reviewed how the CIP Plan is built which includes individual City Council goals and collective Council goals, citizens/business/user feedback to elected officials (needs, wants, desires of the community); City staff long-term maintenance and replacement schedules; and state/federal mandates. Mr. Jaunich began an overview of the five year capital plan document. The proposed plan is estimated at $51.82 million. The Plan is approximately $776,000 lower than last year's five-year plan. The plan has an average CIP cost of $10.36 million. 2023's $9.54 million CIP cost currently accounts for approximately 20-25% of all budgeted expenses. For comparison purposes, this year's (2022) general fund budget is $13.96 million. Large projects 'included in the plan are the HATS facility in 2024 ($7.1 million) and the splash pad in 2025 ($2 million). Mr. Jaunich reviewed that the plan is divided into infrastructure at $19.12 million; Park & Rec at $4.57 million; Enterprise Funds at $13.69 million; Public Works at $11.73 million; Public Safety at $1.71 million and General Government at $1.01 million. The make-up of the CIP includes: New Debt: $11.84 million (amount of money that we need to borrow to pay for capital projects); Aid/Grants (state aid, federal/state grants, bridge funds, donations): $12.47 million; Enterprise Funds (Creekside, Liquor Store, Refuse, Water, Sewer, Wastewater, Stormwater): $14.81 million; Taxes (money from our tax levy that gets designated towards capital projects): $7.56 million; Special Assessments (direct costs that will be assigned to property owners adjacent to projects): $2.27 imillion-, Special Funds/Reserves (rural fire department, cooperative agreements): $867,197. Mr. Jaunich reviewed the CIP funding sources for various funds. Within the general fund, facility improvements are funded by the capital projects fund. $750,000 of LGA is dedicated annually and $50,000 is dedicated for playgrounds. Fleet & Equipment is funded by the Equipment Replacement Fund. There is an annual transfer of $350,000 from the general fund as the current funding is not adequate for the "small" and "heavy" fleet needs. An additional funding source of about $326,000/year is needed. Other Capital Needs are funded by departmental budgets through the tax levy, grants/donations and/or other city funding. Within the enterprise funds, the funding comes from cash flow from operations and is driven by user revenue. Cash reserves are also used for funding. Debt service payments are funded by revenue from operations. Infrastructure improvements debt are covered by GO special assessment improvements bonds, special assessment, municipal state aid for streets, grants, enterprise fund contributions and other city funding from Capital Projects and Community Improvement. Capital project costs and funding is reviewed by the Resource Allocation Committee. The Capital Projects Fund funding sources come from LGA, bonding dollars and grants. The use of these funds are for general fund capital improvements included in the Facility Plan, miscellaneous infrastructure maintenance such as trails, sidewalks, parking lots, street lights, scalcoating, etc., and other projects approved by the City Council. The 20210 year-end unreserved cash balance is $1,016,095 from this fund. The Community Improvement Fund funding sources come from retired debt service funds and donations. The use of these funds are for City Council approved projects and Public Arts Commission & other public arts projects. The 2021 year-end unreserved cash balance is $2,550,591 from this fund. The Public Sites Fund funding sources come from park dedication fees, donations, grants and rent on agricultural land. The use of these funds are for parkland improvements, tree development, arts, and City Council approved projects. The 2021 year-end unreserved cash balance is $220,429 from this fired. Mr. Jaunich noted where the proposed 2023 CIP monies are going to. They 'include $4.43 million for infrastructure (Dale Street and Roberts Road, Century Avenue, Hwy 15 Trail and Bridge Deck Repairs); $126,000 for Park & Rec (vehicles and playgrounds); $3.76 million for Enterprise Funds (Creckside facility/equipment, water/sewer/wastewater/storm water improvements, equipment and water meters); $624,500 for Public Works (cemetery and street vehicles/cqtiipmcnt); $426,400 for Public Safety (new police station, building inspections vehicle and new police vehicle); $276,222 for General Government (city center parking lot and IT equipment). Mr. Jaunich then reviewed where the proposed 2023 Cll? monies are coming from. They include $2.49 million from New Debt (amount of money that we are planning to borrow to pay for capital projects next year); $1.24 million from Aid/Grants; $4.01 million from Enterprise Funds; $1.40 million from Taxes (money from our tax levy that is helping to pay for capital projects next year); $497,989 from Special Assessments (direct costs that will be assigned to property owners adjacent to projects); and $7,253 from special funds/reserves. Mr. Jaunich reviewed the five components of the Plan which include the fleet committee, facilities committee, Creekside, Resource Allocation Committee and General. Mr. Jaunich provided an overview of fleet. With regard to light ditty fleet there are currently 90 pieces of light duty equipment such as cars, pickups, skid loaders, etc. Currently $350,000 of CIP funds are allocated annually for light duty fleet, funded by the general fund. The unreserved fund balance at the end of 2021 acquisitions is $917,000. In 2022, seven vehicles/equipment have been recommended for replacement at an estimated gross cost of $283,600 which will be pushed to next year due to lack of availability. With regard to heavy duty fleet, the City currently has 20 pieces of heavy ditty equipment which are made up of fire apparatuses, snow equipment, frontend loaders, etc. In 2021, a wheel loader was replaced for the Street Department at a cost of $208,932. In 2022 a snow plow truck has been recommended for replacement at an estimated gross cost of $235,000. Due to supply issues, this likely won't be available until 2023 and the cost is expected to increase to approximately $255,000. The City took a significant step in meeting its demand of this in 2016 with bonding for several large pieces of equipment with a 5- year debt expiring February 1, 2022. Future debt for heavy equipment would increase the City's debt tax levy. The light duty and heavy duty fleet program is still currently not sustainable with this plan. The current plan has an annual shortage of roughly $326,000. The Fleet Committee is continuing to look at bonding/borrowing for future heavy duty fleet. There is at least one replacement in excess of $200,000 in each of the next five years. A fire ladder truck is in need of major refurbishment or replacement in 2026/2027. Policy changes were made in 2020 with more focus on the Vehicle Condition Index and less focus on expected life, although service is a major component of the VCL Mr. Jaunich provided an update on the facility committee. Overall, the facility planning concept/funding model with a facility manager has been working well. Construction costs have increased significantly and lead times for equipment/supply can run as long as 35 weeks making things difficult. A small project building repair fund has been established with $50,000 per year set aside to address smaller facility items such as lighting upgrades, small roof projects, tuck pointing/joint repair, etc. Facility Committee staff continue to assess condition ratings and develop a project list based on needs. Mr. Jaunich then reviewed the major project in 2022 which was the civic arena cast rink roof and HVAC. Mr. Jaunich also reviewed the 5 Year CIP for both the compost and refuse fiends which is just over $2.4 million. The site is currently in a holding pattern on the SSOM processing/operation project. CIP costs for this project are around $1 million. Public Works projects included in the 2023 plan are: Dale Street (Roberts to South Grade Road); Robert Road (Alan Street to Dale Street); Bridge Deck Repairs & Scaling; Trunk Hwy 15 Trail Improvements; 8th Avenue Drainage Improvements; Seal Coating; Airport Drainage Improvements; Additional upgrades to water and wastewater facilities; water meter replacements; and vehicle and equipment replacements. Mr. Jaunich then noted Public Works CIP projects slated for 2024-2027. Mr. Jaunich reviewed project funding limitations/concerns. These include $1.9 million bonding target limitations; dedicated street scalcoating funding at $125,000/year; 'infrastructure maintenance needs at $325,000/year; construction costs/inflation; utility funds capacity; municipal state & federal aid utilization; environmental & infrastructure grant possibilities. Other items to keep in consideration are a funding plan for a splash pad, long-term funding needs for heavy and light fleet, funding of 'infrastructure improvements, state bonding for HATS facility, Creeksidc operations, fire department parking lot, City Center remodel, and campground expansion. Mr. Jaunich noted that the Council and staff may have to look at priority levels and projects (in relation to debt). Mr. Jaunich also provided an update on American Rescue Plan funding. Mr. Jaunich explained that the City has received all of its ARPA funding with a total amount received of $1,528,093.53. Of the funds received, $763,270 has been allocated to the civic arena HVAC project. The remaining balance will be allocated to future projects. Earlier this year, the Council identified the EDA's redevelopment project of the old medical site as a likely suitor of additional ARPA funds. $500,000 has been earmarked for this project. The Council also discussed a desire to see security cameras placed throughout the community on city facilities and within city parks. This project is estimated at $200,000. If these two projects move forward,, a balance of approximately $65,000 1701 will remain from the ARPA funds. 3. Adjournment Motion by May, second by Christensen, to adjourn the workshop at 5:00 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Matthew Jaunich Mayor City Administrator NA HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A GR'Y ON PLPRliPOSE. (OVVVIVIVVVVIOVVVNVIiVNVVVVVVVVVVVVVVIV10VIVNVIVV(VIINVVVINiVVVIVIVVIVVVVVVVVVVVVVVVVVVVVVVVVVVVVVIVIVIVIVIVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVIiVIVIVVIVIVVIVIVVIVIVVIVIVVIVIVVIiVNVIVINVIV0VIV0VIV0VVIVNiVVVVVVV(II(I(I(fIfNNNNNNNNNNVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVIVVIVIVVVVN(IIiVNVIiVVVVVVVVVVOVVVVVVVVVVVOVVVVIiVNfViIVNVVVNVVVNVVVNVVVIOVIVIOVIViVIiIViVIiIV10VIV10VIV10VIV10VIV10VIV10VIVNViIVifViIVNVVVNVVVNVVVNVVVNVVVNVVVNViIVifViIVNVVVNVVVNVVVNVVVNVVVNVVVNViIVifViIVNVVVNVVVNVVVNVVVNVVVNVVVNViIVifViIVNVVVNVVVNVVVNVVVNVVVNVVVifViVINViIV101VVNVVVNVNINfViVlifVl Resolution to donate bicycle to DAV. Agenda Item: Department: Police Services LICENSE SECTION ° Meeting Date: 9/13/2022 Application Complete N/A Contact: Thomas D Gifferson Agenda item Type: Presenter: Thomas D Gifferson Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Requesting approval of resolution to donate bicycle to Disabled American Veterans organiztion. Police Services received a request from the local chapter of DAV to donate a found bicycle to be given to a veteran in need. BOARD ACTION REQUESTED: Recommend Approval Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A RESOLUTION TO DONATE FOUND PROPERTY Resolution No. 15476 WHEREAS, Hutchinson Police Services has accumulated found property; AND WHEREAS, the Hutchinson City Code provides pursuant to Section 91 for the donation of found property. AND WHEREAS, the found property has been in the possession of Hutchinson Police Services for more than thirty days, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That the Hutchinson City Council hereby approves the donation of the following bicycle to the DAV (Disabled American Veterans) - 26" Men's Genesis GS700 Serial #6120100808 (HPS Case #21011905 - Lost & Found Bicycle) Adopted by the City Council this 13t" day of September, 2022. Mayor City Administrator KA HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CH'Y ME PLPRlP'6: SE. Resolution to sell found bicycles. Agenda Item: Department: Police Services LICENSE SECTION Meeting Date: 9/13/2022 Application Complete N/A Contact: Thomas D Gifferson Agenda Item Type: Presenter: Thomas D Gifferson Reviewed by Staff Fvl Consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Requesting approval of resolution to sell found bicycles at auction. See attached list of bicycles. BOARD ACTION REQUESTED: Recommend Approval Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A RESOLUTION TO SELL AT AUCTION Unclaimed Property and Bicycles Resolution No. 15477 WHEREAS, the Hutchinson Police Department has accumulated various unclaimed items. AND WHEREAS, the Hutchinson City Code provides pursuant to Section 91, Subdivision 3, Paragraph C for the sale at auction of unclaimed property. AND WHEREAS, the unclaimed property, at the time of auction, will have been in the possession of the police services for more than thirty (30) days. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA. That the Hutchinson City Council hereby approves the sale at auction of unclaimed items identified on "Attachment A." Items to be sold through Fahey Sales, A Jeff Martin Auctioneers Inc. Company Adopted by the City Council this 13th day of September 2022. Mayor City Administrator Attachment A Case # Description 21010076 Orange/White Paddle Boat 21011394 Blue Razor Scooter 21011704 Black Genesis V2100 Bicycle 21012694 Men's Blue Classic Autobike 21013078 Men's Mongoose Orange/Black Bicycle 21013078 Men's Kent Orange/Black Bicycle 21014043 Heimana Reynolds Skateboard Blue/Green w/Blue wheels 21014992 Men's Chaos F520 Green Bicycle 22002286 Men's Grey Wheels MX2400 Bicycle 22001899 Men's Grey Hyper Havoc F5 Bicycle 22002846 Men's Black Schwinn Ranger Bicycle 22003145 Men's Black/Green Next Surge Bicycle 22003145 Women's Pink/Blue Dynacraft Sweetheart Bicycle 22003418 Men's Turquoise Titan Blaze Bicycle 22004807 Men's Purple Magna Outreach Bicycle 22004862 Men's 20" Black/Red Bicycle 22003901 Blue Roadmaster Granite Peak Bicycle 22005572 Schwinn Hurricane Bicycle 22005587 Women's Schwinn Al Comp Bicycle 22005706 Handheld Grass Seed Spreader 22006046 Men's Black/Green Genesis V2100 Bicycle 22006056 Women's Purple Roadmaster Granite Speck Bicycle 22006643 Men's Green Bicycle 22006994 Grey Huffy Bicycle 22007451 Small Bicycle spray ainted blue 22007588 Women's Purple Huffy Tar a Bicycle 22007617 Golf Club — Pitching Wedge 22007944 Next Power Climber Green/Gray Bicycle 22008888 24" Blackspray painted Bicycle 22009062 Green Chobs Bicycle 22009486 Blue Fila Men's Bicycle 22009789 Black Mongoose Bicycle 22008211 Men's Schwinn MGX Bicycle 21011716 Blue Electric Scooter 21011716 Blue Electric Scooter 21012744 Black/Pink Genesis Maeve Bicycle KA HUTCHINSON CITY COUNCIL HU'I'QiM IN SON Request for Board Action A CNTY ON PURPOSE. IffifflENNUM Agenda Item: MnDOT limited use permit Department: PW/Eng LICENSE SECTION Meeting Date: 9/13/2022 Contact: John Olson Application Complete N/A Agenda Item Type: Presenter: John Olson Reviewed by Staff F-1 Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: To install trail assets along Highway 15, the City must obtain a limited use permit from MnDOT. The intent is to fill in gaps in the trail from Linden Ave SW to Grove St SW. The limited use permit protects utilization of MnDOT right-of-way and outlines responsibilities of each agency. The permit is for 10 years, with the option to automatically renew for another 10 years. BOARD ACTION REQUESTED: Approval of resolution for limited use permit. Name City Administrator and Mayor as signatories. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $0.00 Total City Cost: $0.00 Funding Source: Remaining Cost: $0.00 Funding Source: EXHIBIT B CITY OF HUTCHINSON RESOLUTION No. 15487 IT IS RESOLVED that the City of Hutchinson enter into Limited Use Permit No. 4304-0007 with the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance and use by the City of Hutchinson upon, along and adjacent to Trunk Highway No. 15 and the limits of which are defined in said Limited Use Permit. IT IS FURTHER RESOLVED by the City of Hutchinson, Minnesota that the Mayor and the City Council are authorized to execute the Limited Use Permit. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of the City of Hutchinson, Minnesota at an authorized meeting held on the day of , 2022, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of , 2022 RMEMM My Commission Expires C.S. 4304 (T.H. 15) LUP A 4304-0007 (Signature) (Type or Print Name) (Title) (Signature) (Type or Print Name) (Title) Exhibit B City Resolution Page 1 of 1 LU1016 4/18/2022 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 4304 (T.H. 15) County of McLeod LUP # 4304-0007 0, 1 - I , 0 1 0 10011011 000M In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, ("MnDOT"), hereby grants a Limited Use Permit (the "LUP") to City of Hutchinson, ("Permittee"), to use the area within the right of way of Trunk Highway No. 15 as shown in red on Exhibit "A", (the "Area") attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non -Motorized Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal -Aid Policy Guide. The Permittee will be allowed access to the Area from said trunk highway for the purpose of constructing and maintaining the Facility at a time and in a manner designated by MnDOT's District Engineer. When working on the Area, the Permittee will conduct its operations in accordance with the requirements of the "Minnesota Field Manual on Temporary Traffic Control Zone Layouts". The Permittee must not block or close any lane of traffic during construction or maintenance activities unless prior written approval has been obtained from MnDOT. 0 - no, 614101,01 TERM. This LUP terminates at 11 -59PM on 04/25/2032 ("Expiration Date") subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to LUP —Standardized LUP Form Page 1 of 7 LU1001 4/18/2022 the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOTs sole determination, modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee's use of the Facility and Area for the additional term. If Permittee's written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee's sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT's written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney's fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, Permittee will construct LUP —Standardized LUP Form Page 2 of 7 LU1001 4/18/2022 the Facility using construction procedures compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act ("ADA"). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby LUP —Standardized LUP Form Page 3 of 7 LU1001 4/18/2022 incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOTs invoice. 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income - level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT's District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC'S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows- to Permittee at: LUP —Standardized LUP Form Page 4 of 7 LU1001 4/18/2022 F'r 0 111 Hassan St SE Hutchinson City Hall Hutchinson, MN 55350-2522 and to MnDOT at- ieFaffffg =1 District 8 Right of Way 2505 Transportation Rd Willmar, MN 56201 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota Attorney General's Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and any successors and assigns of the foregoing, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damages to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is caused solely by the negligence of State of Minnesota, but including those instances where the State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person-, (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages-, (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. LUP —Standardized LUP Form Page 5 of 7 LU1001 4/18/2022 MINNESOTA DEPARTMENT District Engineer Date Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. CITY OF HUTCHINSON B Its B Its LUP —Standardized LUP Form Page 6 of 7 LU1001 4/18/2022 X HUTCHINSON � � T A lst AVE. N.E. 25 'VF• Fq `rT TRAIL LOCATION // o ❑ uo AVE. W ASHINGT ON AVE. t ) 9 �ZaCO 1st AV. S.W. v~i 1st AVE. S.E. y n 2nd / HAAVE. LN. ui SvWv N ❑❑ /09 ❑❑ 2nd ❑❑ AVE. S.E. 109 LEWIS SAVE '1 S.W. v~ N N 3rd AVE. S.W. N a N ❑ ❑❑ a 3rd AVE. S.W. N 3rd AV E. S.E. I� 'IRCC = v~ HAY DEN AV. w ❑ wy F a N 4th = 4th N AV E.� S.E. DR. ROE AVE. Y SGOOD S.W. N LEA AVE. a AVE• Sth LnAVE. J U E R G E N S ❑ 5th A VE. S.W. 108 h AVE.zo ❑❑❑ ~ ❑ 5 v� Sth AV E. S.E. a > � THOMAS AVE. (p JUUL o RD. D. ❑ J w o zo o j lOS a RD. //6�� o DIVISION Y L m m Q z z �� MADSON z N AVE. AV E. � a o w = z i s V) o C�� ~ MILWAUKEE AVE. z MI LWA UKE E 1 AVE. 6th AVE. o zo 0 o Z RQI Y a ~ � 3� � a R J� N❑❑❑ S.E. � U t � ❑ <v �• = AVE. S. W. a GOEBEL Sj `� MILLS 7th v FAIR AVE. S.E. g a~ x �J�� w ❑�� V E.1 �� AVE Z a c N a n > n LINDE Dv a 15 J vE 8thAVE �' LAURA AVE. LYNDALE AV E. } P �O S� CRAMAVE.o IL-E N OAKLAND v 25 T116N R, z P� NEpL AVE. w CL INT ❑ ON _AVE. Z S�• 6 5 r w O Q SELCHOW'c PN �p 7 8 �❑ K /3O RD. w o SHERWOOD \� Y nCHI❑0 AVE. /30 ME L�CIRO S.E. M COp� o 3 CLEVELAND AVE. w FREEMONT AVE. N RA,,O �4 o N 'w CENTURY AVE. �Q 9�� JT 125 �2S CENTURY AVE. cj 125 /25 \ eLp GKBIRD TR, ATLAN TA AVE ELK DR. \ o SOA BIRD TR. r, N BALTIMORE AVE o " AVE. c� z W ORCHARD r �� ILOEOQY DR. S.W. m� Y < S�Z 3LN.SE KOSjy'E- 3 m AVE. m SUMMER C� a a DENVER S.E. aDENVER AVE. S.W /33 DENVER AVE \�FFE�SO i °' DETROIT AVE. S.E. w w OUTH� EAU CLAIRE AVE. S�E. RD" EDMONTON AVE. S.E. �14NT EDMONTON AVE. S.W N �— /3/ z I31 AV . Ln�s� OTTAWA r AVE. P 25 w o TORONTO� gL VD. 15 3 a V ILj W ( I WINNEPEG > AVE. S.E. a m 115 AIRPORT RD. m \ Hutchinson o 25 Municipal f- T116N m \ Airport 1217 ✓i R30W R29W 13118 LUP — Standardized LUP Form Page 7 of 7 LU1001 4/18/2022 HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CH'Y(..)N PURPOSE. MEMMENWE Agenda Item: Traffic Control Resolution Department: PW/Eng LICENSE SECTION Meeting Date: 9/13/2022 Contact: John Olson Application Complete N/A Agenda Item Type: Presenter: John Olson Reviewed by Staff F-1 Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Traffic control resolution to install "No Parking Here To Corner" for eastbound 6th Ave NE approximately 50 feet west of the intersection with Bluff St NE (Co Rd 7). The primary movement for eastbound 6th Ave NE is turning southbound onto Bluff St NE. Eliminating parked vehicles will allow for vehicles to pull further to the right as the prepare to turn onto Bluff St NE. This also provides additional room for traffic northbouth on Bluff St NE to make a greater than 90 degree turn onto westbound 6th Ave NE. BOARD ACTION REQUESTED: Approval of traffic control resolution Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $0.00 Total City Cost: $0.00 Funding Source: Remaining Cost: $0.00 Funding Source: RESOLUTION NO. 15490 RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 1. WHERAS, the City of Hutchinson received a request from area property owners, and; 2. WHEREAS, the Police Chief and interim Public Works Director agree that the following areas have traffic control concerns which warrant installation and/or removal of traffic control devices, and; 3. WHEREAS, the Hutchinson City Council has the authority to establish locations as points where traffic control devices shall be installed and/or removed, pursuant to Section 7.04, Subdivision I of the Hutchinson City Code, and; 4. WHEREAS, the current configuration of the 6h Ave NE and its 'intersection with Bluff St NE (Co Rd 7) consists of a primary turning movement eastbound 6d, Ave NE onto southbound Bluff St NE, installation of No Parking From Here To Comer" on the south side of 6h Ave NE for approximately 50 feet west of the intersection with Bluff St NE will more safely accommodate turning traffic on this street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That the Council hereby establishes the following traffic control devices shall be erected: 1. "No Parking Here To Corner" for eastbound traffic on 6 th Ave NE approximately 50 feet west of the intersection with Bluff St NE (Co Rd 7). Adopted by the City Council this 13th day of September, 2022. Gary Forcier, Mayor ATTEST: Matt Jaunich, City Administrator HUTCHINSON CITY COUNCIL ce=y�f a Request for Board Action Agenda Item: CONSIDER APPROVAL OF ADDENDUM TO DEVELOPMENT AGREEMENT Department: EDA LICENSE SECTION Meeting Date: 9/13/2022 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: none Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Late last year the City Council approved the sale of two city -owned lots (126 and 135 and Franklin Street North) to Hutch Uptown Commons, LLC for the development of downtown housing. Since then, the Developer has decided they didn't have an interest in the 135 Franklin Street lot (former site of the Franklin House) after all. The enclosed Addendum simply removes any references to 135 Franklin Street North lot from the original Development Agreement. A Request for Proposal (RFP) is being put together to help identify a new Developer and a project for the lot at 135 Franklin Street North. The proposed Addendum has been reviewed by the City Attorney and found to be in proper order. If you have any questions or need additional information, please give me a call anytime at 234-4223. BOARD ACTION REQUESTED: Approval of the Addendum to the Development Agreement Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Costa $ 0.00 Funding Source: Addendum to DEVELOPMENT AGREEMENT by and between City of Hutchinson Minnesota Hutch Uptown Commons, LLC The Development Agreement by and between the City of Hutchinson, a Minnesota municipal corporation ("City") and Hutch Uptown Commons, LLC, a Minnesota Limited Liability Corporation ("Developer") of July 21', 2021 is hereby amended as follows: 1. All references to the property located at 135 Franklin Street NW, Hutchinson, Minnesota, 55350 and legally described as: Lots 9 & 10, Block 42, North Half of Hutchinson Excepting therefrom that part of Lot Ten (10) described as follows: Beginning at the southwest corner of said Lot 10, Block 42, North Half of Hutchinson, thence Northerly along the west line of said Lot 10, for a distance of 66.00 feet to the northwest corner of said Lot 10; thence Easterly along the north line of said Lot 10, for a distance of 66 feet; thence in a southwesterly direction across said Lot 10, to the point of beginning. Are hereby deleted. SIGNED HUTCH UPTOWN COMMONS, LLC a Minnesota limited liability com y Name: Matt Ward Title: Sole Member Date: T 1 CITY OF HUTCHINSON By: Name: Gary T. Forcier Its: Mayor Date: By: HUTCHINSON CITY COUNCIL Request for Board Action7AZ=* -1 Agenda Item: AUTHORIZATION TO SIGN GRANT AGREEMENT BETWEEN CITY OF HUTC� Department: EDA LICENSE SECTION Meeting Date: 9/13/2022 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: none Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The City of Hutchinson applied for and obtained a grant in the amount of $676,425 from the Federal Emergency Management Agency (FEMA) to acquire and remove three houses from the 100-year floodplain of the Crow River. The Grant Agreement has been reviewed by the City Attorney and a copy is attached for your review. Staff is requesting City Council authorization to sign and implement the grant agreement with FEMA. If you have any questions or need additional information, please give me a call anytime at 234-4223. BOARD ACTION REQUESTED: Authorization for City Staff to sign and implement grant agreement with FEMA. Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Costa $ 0.00 Funding Source: Grant Contract Agreement Page 1 of 2 Minnesota Department of Public Safety ("State") Grant Program: Homeland Security and Emergency Management Division Hazard Mitigation DR-4442 445 Minnesota Street, Suite 223 St. Paul, MN 55101-2190 Grant Contract Agreement No.: A-HMGP-DR4442-HUTCHCI-025 Grantee: Grant Contract Agreement Term: City of Hutchinson Effective Date: 07/01/2022 111 Hassan Street SE Expiration Date: 07/01/2025 Hutchinson, MN 55350-2522 Grantee's Authorized Representative: Grant Contract Agreement Amount: City of Hutchinson Original Agreement $ 676,425.75 ATTN: Miles Seppelt, Economic Development Director Matching Requirement $ 225,475.25 111 Hassan Street SE Hutchinson, MN 55350-2522 Phone: 320-234-4241 E-mail: mseppeltghutchinsommn.gov State's Authorized Representative: Federal Funding: CFDA/ALN 97.039 Homeland Security and Emergency Management FAIN: 4442DRMNP00000285 ATTN: Jennifer Davis, State Hazard Mitigation Officer State Funding: None 445 Minnesota Street, Suite 223 Special Conditions: None St. Paul, MN 55101-2190 Phone: 651-201-7427 E-mail: jennifer.e.davis(q-?,state.mn.us Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement. Term: The creation and validity of this grant contract agreement conforms with Minn. Stat. § 16B.98 Subd. 5. Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. § 16B98, subd. 7, whichever is later. Once this grant contract agreement is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant contract agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a state employee will: Perform and accomplish such purposes and activities as specified herein and in the Grantee's approved Hazard Mitigation DR-4442 Application ("Application") which is incorporated by reference into this grant contract agreement and on file with the State at 445 Minnesota Street, Suite 223. St. Paul, MN 55101-2190. `The Grantee shall also comply with all requirements referenced in the Hazard Mitigation DR-4442 Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (https:Hgpp.dps.nm.gov/EGrants), which are incorporated by reference into this grant contract agreement. Budget Revisions: The breakdown of costs of the Grantee's Budget is contained in Exhibit A, which is attached and incorporated into this grant contract agreement. As stated in the Grantee's Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements (If applicable.) As stated in the Grantee's Application, the Grantee certifies that the DPS Grant Contract Agreement non -state (Updated 12/2020) Grant Contract Agreement Page 2 of 2 matching requirement will be met by the Grantee. Payment: As stated in the Grantee's Application and Grant Program Guidance, the State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION Individual certes that./unds have been encumbered as required by Minn. Stat. § 16A. 15. WIM01 Date: 3. STATE AGENCY Signed: Title: Date: Grant Contract Agreement No. A-1-fMGP-DR4442-1-lJJTCHCl-025 / P.O. No. 3000079681 Project No.: N/A 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on. behalf ofthe Grantee as required by applicable articles, bylaws, resolutions, or ordinances. Signed: _ Print Name: Title: Date: Signed: Print Name: Title: Date: Signed: Print Name: Title: Date: (with delegated authority) Distribution: DPS/FAS Grantee State's Authorized Representative DPS Grant Conti -act Agreement non -state (Updated 12/2020) Hazard Mitigation DR-4442 EXHIBIT A Organization: Hutchinson, City of A-HMGP-DR4442-HUTCHCI-025 Budget Summary (Report) I41 rw � M W M, Ca1rk, f9t' A;Hw t ft F'Ne,Awwo on Costs T,uf C �Y Public ftoltgx�, MNDNR H i tug r,Review 'ratal 151311C 32'rrel7.Fa2 prr�'jaaC It�w4NrlAwmt did i m�N �Wf time so Rl Taatal gC l.tc '10,35" 00 1711`o "rdqm' �6tr �i4i l 04 ¢t>4,,.WaWr of three p: xj,, lgw,, 7 70AW W 00 st If 0o �YtflrlYllYiwt/ Asbestos Abatement IjProni9lOrt of 135 & 125 Glen Street "',WV Hutchinson 3'E0 T A' at; Tv04 021.1 f) 59, tV� 50 Sli Restoration aat uYaYY V Ground Cover a 1,3 3 11 �451 44 TbWl, .1w1 3.53 11 IIS451 N $603 250.00Y 2rOt'.7'Si4.Of0 V wr0l Fees C r al & Title Work �n,oT1"f.1 V 3i,05� Yf0 'Totflrl �;�nbt°'I:1� SR.rr 11 Att eaRYod %7d,A25i75 Z"?&472 2,5 07/07/2022 Page 1 of 1 HUTCHINSON CITY COUNCIL Request for Board Action MMMIMMUNNUM Agenda Item: Consideration for Approval of Pavement Management Project at Creekside Department: Compost/Refuse LICENSE SECTION Meeting Date: 9/13/2022 Application Complete N/A Contact: Andy Kosek Agenda Item Type: Presenter: Andy Kosek Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: As part of Creekside's internal department pavement management plan, staff has solicited quotes on pavement repair work at the Creekside Composting Facility. Areas A, B, C, D, E & F on the attached map are the areas to be addressed. These identified areas are high forklift/equipment and truck traffic areas. The last pavement repair project at Creekside took place in 2020 and was comparable in square yardage to be repaired now in 2022. $75,000 is budgeted for 2022 in the Compost Fund's 5 Year CIP and $50,000 for 2022 in the Refuse Fund's 5 Year CIP for Bituminous Repairs, for a cumulative total of $125,000. Staff solicited quotes from three contractors, Bertram Asphalt Company, WM Mueller & Sons Inc. and Duininck, Inc., with Bertram Asphalt Company providing the lowest quote. Duininck's did not respond with a quote. Total project quotes received are as follows - Bertram Asphalt Company - $94,192.49 WM Mueller & Sons, Inc - $116,440.80 Duininck, Inc - No Response BOARD ACTION REQUESTED: Approval of PO Requisition #20290 for Bituminous Repairs at Creekside to Bertram Asphalt Company in the amount of $94,192.49 Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: N/A Purchase Requisition Purchase Requisition No 020290 Requested Date Required Date Requested By 08/29/2022 akosek Department 4942 Preferred Vendor 133896 BERTRAM ASPHALT COMPANY, INC. Address PO BOX 162 PAYNESVILLE, MN 56362 Req. Description 2022 CREEKSIDE PAVEMENT MANAGEMENT PROJECT 08/29/2022 11:30 AM Qty. Description GL Number 1 Unit Price Amount 1 1 PAVEMENT MANAGEMENT PROJECT- PAVEMENT MANAGEMENT PROJECT- 651-4942-90530 603-4943-90530 44,192.49 50,000.00 44,192.49 50,000.00 Total: 94,192.49 Quote Calculator 'I 2022 CREEKSIDE-24"SECTION -4" BITUMINOUS 20" CLASS 5 BIT -CON ON FABRIC Bertram Asphalt Corn any, Inc WM Mueller S Sons Duininck Inc Item No. Spec. Ref. Item Description Unit Estimated Quantity Unit Price Amount Unit Price Amount Unit Price Amount 1 202L501 MOBILIZATION LUMP SUM 1 $9,095.00 $ 9,095.00 $4,000.00 $ 4,000.00 $ - 2104513 SAWING BITUMINOUS FULL DEPTH) LIN FT 1243 $ 4.82 $ 5,991.26 $ 3.75 $ 4,661.25 $ 3 2104505 REMOVE BITUMINOUS PAVEMENT SQ YD 1589 $ 3.21 $ 5,100.69 $ 4.50 $ 7,150.50 $ - 4 2105.501 COMMON EXCAVATION CU YD 580 $ 13.91 $ 8,067.80 $ 16.75 $ 9,715.00 $ 5 2105.604 GEOTEX'TILE FABRIC TYPE 5 SQ YD 992 $ 1.61 $ 1,597.12 $ 2.50 $ 2,480.00 $ - 6 2112.604 SUBGRADE / BASE PREPARATION SQ YD 1589 $ 0.54 $ 858.06 $ 2.90 $ 4,608.10 $ 7 2211.607 AGGREGATE BASE SPECIAL (CV) FROM ONSI'FE: STOCKPILE (BIT -CON) CU YD 552 $ 15.25 $ 8,418.00 $ 33.60 $ 18,547.20 $ - 8 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON 105 $ 5.35 $ 561.75 $ 10.00 $ 1,050.00 $ 9 2360.503 TI'PE SP 9.5 WEARING COURSE MIXTURE- (2,B) LS' THICK SQ YD 1589 $ 14.56 $ 23,135.84 $ 17.45 $ 27,728.05 $ - 10 2360.503 TI'PE SP 12.5 NON WEARING COURSE MLYTURE- 2,B 35' THICK SQ YD 1589 $ 18.73 $ 29,761.97 $ 21.30 $ 33,845.70 $ 11 2360.509 TYPE SP 9.5 BITUMINOUS MIXTURE FOR PATCHING - INSTALLED TON 1 $ 535.00 $ 535.00 $ 255.00 $ 255.00 $ - 12 2563.601 TRAFFIC CONTROL LUMP SUM 1 $ 535.00 $ 535.00 $ 2,000.00 $ 2,000.00 $ 13 25/3.540 FILTER LOG, TYPE ROCK LIN FT 50 $ 10.70 $ 535.00 $ 8.00 $ 400.00 $ - PROJECT TOTAL- $ 94,192.49 $ 116,440.80 No Response Project completion window: SEPTEMBER 15th to OCTOBER 31st, 2022 Quotes due by 12:00 m 8/26/2022 Quote Calculator 1t _ Item Spec. No. I Ref. 2022 CI EKSID - 24°" SECTION - 4" BITUMINOUS 20" CLASS BIT -CON N FABRIC w Estimated Unit Item Description Unit Quantity Price Amount 1 2021,501 MOBILIZATION LUMP SUM 1 $9,095.00 $9,095.00 2 2104.513 SAWING BITUMINOUS (FULL DEPTH) LIN FT 1243 $ 4.82 $5,991.26 3 2104.505 REMOVE, BITUMINOUS PAVEMENT SO YD 1589 $ 3.21 $5,100.69 4 2105.501 CONMION EXCAVATION (Et') CU YD 580 $ 13.91 $8,067.80 5 2105.604 GEOTEXTILE FABRIC TYPE 5 SO YD 992 $ 1.61 $1,597.12 6 2112.604 SUBGRAiDE / BASE PREPARATION SQ YD 1589 $ 0.54 $858.06 7 2211. 007 AGGREGATE BASE SPECIAL (CLD FROM ONSITE STOCKPILE (BIT -CON) CU YD 552 $ 15.25 $8,418.00 8 2357.502 JBITUMINOUS MATERIAL FOR f 1CK COAT GALLON 105 T 5.35 $561.75 9 2360.503 TYPE SP 9.5 WEARING COURSE TN -URE- (2�B) 1.5" THICK SO YD 1589 $ 14.56 $23,135.84 10 2360.503 TYPE SP 12.5 NON WEARING COURSE MiXTURF- (2,B) 2.5" THICK SO YD 15891 $ 18.73 $29,761.97 11 2360.509 TYPE SP 9.5 BITUMINOUS MIXTURE FOR PATCHING - INSTAUED TON 1 $ 535.00 $535.00 12 2563.601 TRAFFIC CONTROL LUMP SUM 1 $ 535.00 $535.00 13 2573.540 FILTER LOG, TYPE ROCK LIN FT 50 $ 10.70 $535.00 PROJECT TOTAL - $94,192.49 Please see attached map for reference of areas and site locations AREA SO YD LIN FT WORK TO BE PERFORMEDTO AREA A 698 369 Full 24' Section w/ common excavation B 270 217 Removal, Pre and New Bitumunous Only_ C 272 205 Removal, Prep and New Bituminous Only D 186 211 Full 24" Section w/ common excavation E 55 92 Removal, Prep and New Bituminous Only Contractor name and contact info: F 108 149 Full 24" Section w/ common excavation Bertram Asphalt Company, Inc. Bill Bertram Email: bertramasphalt mail.com Pro'ect coMletionwindow: SEPTEMBER 15th to OCTOBER 31st, 2022 Cell: 320-292-1311 Quotes due b : 12:OC^m AUGUST 26th, 2022 Office: 320_276_8222 Quote Calculator 2022 CREEKSIDE - 24" SECTION - 4" BITUMINOUS 20" CLASS 5 BIT -CON ON FABRIC Item No. Spec. Ref. Item Description Unit Estimated Quanti Unit I Price Amount 1 2021.501 MOBILIZATION LUMP SUM 1 $4,000.00 $4,000.00 2 2104.513 SAWING BITUMINOUS (FULL DEPTH) LIN FT 1243 $ 3.75 $4,661.25 3 2104.505 IRFMOVE BITUMINOUS PAVEMENT SO YD 1589 $ 4.50 $7,150.50 4 2105.501 COMMON EXCAVATION (EV) CU YD 580 $ 16.75 $9,715.00 5 2105.604 GEOTEXTILE FABRIC TYPE 5 SO YD 992 $ 2.50 $2,480.00 6 2112.604 SUBGRADE / BASE PREPARATION SO YD 1589 $ 2.90 $4,608.10 7 2211.607 AGGREGATE BASE SPECIAL (CV) FROM ONSITE STOCKPILE IT -CON) CU YD 552 $ 33.60 $18,547.20 8 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON 105 $ 10.00 $1,050.00 9 2360.503 TYPE SP 9.5 WEARING COURSE MIXTURE- (2,B) 15" THICK SO YD 1589 $ 17.45 $27,728.05 10 2360.503 ITYPE SP 12.5 NON WEARING COURSE MIXTURE- (2,B) 2.5" THICK SO YD 1589 $ 21.30 $33,845.70 11 2360.509 TYPE SP 9.5 BITUMINOUS MIXTURE FOR PATCHING - INSTALLED TON 1 $ 255.00 $255.00 12 2563.601 TRAFFIC CONTROL LUMP SUM 1 $2,000.00 $2,000.00 13 2573.540 FILTER LOG, TYPE ROCK LIN FT 50 $ 8.00 $400.00 PROJECT TOTAL - $116,440.80 Please see attached map for reference of areas and site locations AREA SO YD LIN FT WORK TO BE PERFORMED TO AREA A 698 369 Full 24" Section w/ common excavation B 270 217 Removal, Prep and New Bitumunous Only C 272 205 Removal, Prep and New Bituminous Only D 186 211 Full 24" Section w/ common excavation E 55 92 Removal, Prep and New Bituminous Only Contractor name and contact info: F 108 149 Full 24" Section w/ common excavation 0 Wk R • W s o R a , r R Project completion window: SEPTEMBER 15th to OCTOBER 31 st, 2022 Quotes due by: 12:00 m AUGUST 26th, 2022 Contact: Cory Hoernemann 612-581-1712 Ct7Y' h wnlrnYlE iler.CUYY7 CreekSide Soils Compost Facility Pavement Management Project-2022 Map, for site location reference only —not to scale Andy Kosek, Creekside Soils Manager 320-234-5680 akosek@creeksidesoils.com RA HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CH"f(DN PURPOSE_ MEEMMEMMUMMMEMEM MEEMINEENNO Agenda Item: Spectrashield manhole lining PR#20292 Department: PW/Eng LICENSE SECTION Meeting Date: 9/13/2022 Contact: John Olson Application Complete N/A Agenda Item Type: Presenter: John Olson Reviewed by Staff F-1 Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Public Works has been addressing backyard sewer lines and lines that are difficult to access using a 3-phase process- 1) curtain grout manholes; 2) repair and line sewer pipes; and, 3) line manholes. This process reduces the chances of inflow/infiltration (1/1) and ensures difficult -to -access systems are in as good a condition as possible. In 2021, manholes in the Pishney neighborhood were curtain grouted. The intent in 2022 was to line existing 8" and 9" sanitary sewer lines, as needed. In April, #20245 for $78,894.30 was approved for inspection and sanitary sewer lining. After thorough inspections of the sewer pipes, it was discovered the pipes were in excellent condition and did not need to be lined. The total of work ended up at $15,497.40, leaving $63,396.90 unspent. Had the sewers needed to be lined, manhole lining would have been scheduled for 2023. Addressing these manholes in 2022 will put us ahead of our plan to address 1/1 in backyard and difficult to access systems. In the past, the City has used the Spectrashield system in several manholes. To -date, there has only been one issue using this system. The necessary repairs were covered by warranty at no cost to the City. In all of the other installations, this system has worked without any issues. BOARD ACTION REQUESTED: Approval PR#20292 to Hiperline, Cokato, IVIN for $57,420.30 Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $0.00 Total City Cost: $0.00 Funding Source: Remaining Cost: $0.00 Funding Source: 09/02/2022 Purchase1 08:38 AM Purchase Requisition No 020292 Requested Date Required Date Requested By 09/02/2022 jolson Preferred Vendor 133061 HIPERLINE Department 4945 Address 15725 US HIGHWAY 12 SW COKATO, MN 55321 Req. Description SPECTRASHIELD LINING OF 8 MANHOLES Qty. Description GL Number 1 Unit Price Amount 1 SPECTRASHIELD LINING OF 8 M 602-4945-90530 57,420.30 57,420.30 Total: 57,420.30 tHIPERLINE Sold To John Olson Hutchinson, Minnesota jolson@hutchinsonmn.gov (320) 2 4-447 Manhole Quote Date 9/2/2022 PO No. Mobilization: $1,380.00 Manhole Location Depth (ft) Description of Repair Cost 2 Mh427 @ 675 3rd Ave Southwest 10.90 SpectraShield, Old Precast, Grout Low leaks, 7,854.10 Bench Rebuild 3 Mh 428 @ 3rd Ave Southwest & Pishney Lane 7.80 SpectraShield, Old Precast, None leaks, Bench 6,003.00 Rebuild 4 Mh429 @ 360 Pishney Lane 12,80 SpectraShield, Old Precast, None leaks, Bench 7,032.00 Rebuild 5 Mh 429.1 @ 375 Pishney Lane backyard 14.50 SpectraShield, Brick / Block, Grout Low leaks, 9,471.50 Hose Pull: 184ft 6 Mh430 @ 3rd Ave SW & East Pishney Ln SW 10.10 SpectraShield, Old Precast, None leaks 4,646.00 7 Mh441 @ 390 West Pishney Ln SW 9.50 SpectraShield, Old Precast, None leaks, Bench 6,276.00 Rebuild 8 Mh442 @ 330 East Pishney Ln SW 13.80 SpectraShield, Old Precast, Grout Low leaks, 7,522.20 Bypass 9 Mh442.1 @ 345 East Pishney Ln SW 14.50 SpectraShield, Old Precast, Grout Low leaks 7,235.50 Total $57,420.30 Notes: A site visit is agreed upon priorto mobilization if deemed necessary by HIPERLINE. Owner shall be responsible for providing a disposal site for all debris during the installation of the SpectraShield Liner System. This debris shall include, but not be limited to sand, chipped concrete, old linings, effluents, etc. Invoice(s) will be based upon field measurements and may increase or decrease the actual invoice/contract/purchase order amount accordingly. Our invoices are NET 30 DAYS, no retainage. A 1.5% interest charge per month for invoices over 30 days will apply. Sanitary sewer manholes include our industry leading 10 year warranty; storm sewer structures come with a standard 1 year warranty Removing manhole steps is part of the standard process unless noted otherwise If excessive grouting/leak-stopping is required (more than 1 workday), we will notify customer before proceeding. Additional grouting rates are $300 per hour for the truck and crew, $100 per gallon of grout, and $25 per tube of grout Customer Name Customer Signature Send Invoice To Additional Notes: Removed MH's #1 and #10, 9/2/2022 Thanks for the Opportunity to Serve You! HIPERLINE 15725 US HWY 12 SW Cokato, MN 55321 320.286.2471 1 4 �'11}i CCISPECTRUM� June 24, 2022 To Whom It May Concern, CCI Spectrum, LLC (CCIS) is the manufacturer of the SpectraShield® Lining System. SpectraShield® is a patented multi -layered liner system specifically designed to coat both new and existing municipal wastewater structures such as manholes, lift stations, wet wells and wastewater treatment plant facilities. This letter serves as certification that Hiperline is a CERTIFIED APPLICATOR of the SpectraShield® Liner System and is approved to handle, mix and apply the products used for the installation of the system. The equipment Hiperline uses to apply the SpectraShield® Liner System has been reviewed and approved by CCIS. Hiperline is the exclusive authorized and licensed SpectraShield® Liner System applicator for Minnesota, North Dakota, and South Dakota. SpectraShield® applicators require annual certification. This certification is valid through March 5, 2023. The following Hiperline personnel have been specifically trained in all aspects of the application process of the SpectraShield® Liner System: Bryce Raisanen, Hunter Martin, Kyler Raisanen, Perry Wuollet, and Kambria Raisanen We greatly appreciate your efforts to ensure applicators of our products are properly qualified. Please do not hesitate to contact us at (904) 419-4889 should you have any questions or require additional information. Sincerely, Gregory G. Reynolds President & CEO CCI Spectrum, LLC WWW.SPECTRASHIELD.COM • P.O. Box 57309 • Jacksonville, FL 32241 4527 Sunbeam Rd. Tel. (904) 419-4889 a Fax (904) 419-4892 15725 US Hwy 12 SW H' E I Cokato, MN 55321 HIGH PERFORMANCE LINING SpectraShield Liner Systems TEN YEAR LIMITED WARRANTY CCI Spectrum, Inc. (manufacturer) and HIPERLINE (applicator) warrant the SPECTRASHIELD lining system against failure for a period of 10 years in sanitary sewer installations. Storm sewer installations come with a standard 1 year warranty. "Failure" will be deemed to have occurred if the protective liner fails to (a) prevent the internal deterioration or corrosion of the structure (b) protect the substrate and environment from contamination by effluent or (c) prevent groundwater infiltration. If any such failure occurs within 10 years of initial completion of work by HIPERLINE on a structure, HIPERLINE will repair liner at no cost to the Owner within 60 days after written notification of the failure. "Failure" does not include damage resulting from mechanical or chemical abuse or by an act of God. Mechanical or chemical abuse means exposing the coated surfaces of the structure to any mechanical force or chemical substance not customarily present or used in connection with structures of the type involved. WARRANTY DISCLAIMER: CCI Spectrum, Inc. and HIPERLINE make no warranties express or implied other than those specifically stated in this Ten Year Warranty. wsu rw "� �� ^a ^ �w ..., ..,. a vui ....,i1,„ {7 ,, ,, rig Idfl iG'ilu '.mn%bR�IM ryg4 � II ... __ ......... a , r'd 429 M1 ra,< 2021 20221&I Project jin 2022 Ma ^. " a�eaeSF'ngk � m way Manhole Oepthl-Curtain Width Area in' 427 11.24 49' 166 23,959 428 7.54 48" 120 17,263f 4 12.8 48 187 26,926 r 429.1 15.26 48" 217 31,23347 f a nu uu<. °TM Rna 430 441 9.92 9.25 48 48" 150 141 21,570 20,358 �`^+rw 412.1 442 14.14 48 203 29,20fi /2 442.1 14.76 49" 211 30,238"" u , ;m 94.99 1,395 200,753 ....._.,--'' 1 " �%,..,,... u1'~„4.: i 1 HUTCHINSON CITY COUNCIL � Request for Board Action 7A=:�7 Agenda Item: Purchase Requisition 20293 - 2022 Wastewater Lift Station Improvements Department: PW/Eng LICENSE SECTION Meeting Date: 9/13/2022 Application Complete N/A Contact: Tim Gratke Agenda Item Type: Presenter: Tim Gratke Reviewed by Staff ❑ consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes IMIMMMM BACKGROUND/EXPLANATION OF AGENDA ITEM: Per the attached Letter of Recommendation (Nero Engineering) and Quote Form (R & R Excavating, Inc.), city staff recommends that a purchase order be authorized to administer wastewater lift station improvements (Hwy. #15 location) in the amount of $95,123.81. BOARD ACTION REQUESTED: Approve/Deny Purchase Requisition #20293 Fiscal Impact: funding Source: Wastewater fund FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 95,123.81 Total City Cost: $ 95,123.81 Funding Source: Wastewater Fund Remaining Cost: $ 0.00 Funding Source: ��U�� N�� K-�� ENGINEERING September2, 2022 7135 MAD|S{JN AVENUE M(NNEAPOUS,MN 55427 www.neroeng.com TO: City nfHutchinson Attn: Tim Gra1ke 13O0Adams St. SE Hutchinson, K8N5535O (320)234'4231 Re: Letter ofRecommendation Hwy 15 Lift Station Rehabilitation Project — Construction Contract Dear Mr. Gmtke: On behalf ofthe City, Nero Engineering reviewed the quotes for the rehabilitation of the Hwy 15 Lift Station. This is the sixth lift station rehabilitation project in an overall effort to standardize equipment in all of the Or/s lift stations. The lift stations were separated into groups that had similarly sized pumps and hydraulic qualities. This project generally consists of replacing all of the mechanical equipment within the wetwell and valve vault, the vvetvveUU cover and access hatch, and the control panel. The m«etvveN cover will be removed and replaced with a new cover and access hatch consistent with the lift station standardization. The valves in the existing valve vault will be replaced within the structure. The control panel and pumps are being procured by the City and will be installed as part of this construction contract. This construction project includes the work to install the procured pump accessories and panel as well as the removal of the existing equipment and the furnishing and installing of the required piping, valves, hatches, concrete covers and other ancillary work to complete the rehab of the Hwy 15 Lift Station. Quotes were received from four contractors: R & R Excavating, [CS Contracting, Rubin Construction, and 8ridor Constr. The results of the bids are: Historically, these projects have had awide range ofquotes aswas also seen inthis project. Construction costs for the past similar lift station projects ranged from $60,000Um $81,000.The price and availability of materials increased dramatically over the past year and continue to be at least 20% higher than when the past lift stations were constructed. When Nero completed the lift station study in 2016, the scope for the Hwy 15 station was much larger so the cost for the total project was estimated to be $265,000. It is our recommendation to award the Hwy 15 Lift Station Rehabilitation Project to R & R Excavating, Inc., in the amount of $95,123.81. We worked with R&R on the Otter Lake, Shady Ridge, Delaware and McDonald's Lift Station Rehabilitation Projects and were satisfied with their quality of work. I will be pleased to answer any questions concerning the recommendations set forth herein. Sincerely, dotp-dPANLm Jennifer Svennes, PE 09/06/2022 Purchase Requisition 03:09 PM Purchase Requisition No 020293 Requested Date Required Date Requested By 09/06/2022 jolson Preferred Vendor 102398 R & R EXCAVATING Address 1149 HWY 22 SOUTH Department 4945 HUTCHINSON, MN 55350 Req. Description LIFT STATION REHAB-HWY 15 Qty. Description GL Number 1 Unit Price Amount 1 LIFT STATION REHAB-HWY 15 602-4945-90530 95,123.81 95,123.81 Total: 95,123.81 Request for Quotes Hwy 15 Lift Station Rehabilitation Project City of Hutchinson Proposer: 1` 1� ��/ �C' n`M c - ARTICLE 1 - QUOTE RECIPIENT 1.1 The Quote is submitted to: City of Hutchinson (Owner) 111 Hassan Street SE Hutchinson, MN 55350-2522 1.2 The undersigned Proposer proposes and agrees, if this Quote is accepted, to enter into an Agreement with Owner in the form included in the Request for Quote (RFQ) Documents to perform all Work as specified or indicated in the RFQ Documents for the prices and within the times indicated in this Quote and in accordance with the other terms and conditions of the RFQ Documents. ARTICLE 2 - PROPOSER'S REPRESENTATIONS 2.1 In submitting this Quote, Proposer represents, as set forth in the Agreement, that: A. Proposer has examined and carefully studied the Quote Documents, the other related data identified in the Quote Documents, and the following Addenda, receipt of which is hereby acknowledged. Addendum No. Addendum Date B. If specified, or if in Proposer's judgment, any local condition that may affect cost, progress or the performing of the Work, Proposer has visited the Project Site and become familiar with and is satisfied as to the local conditions. C. Proposer is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and the performing of the Work. D. Proposer has carefully studied and correlated the information known to Proposer, and information and observations obtained from Proposer's visits, if any, to the Project Site with the RFQ Documents. E. Proposer has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer has discovered in the RFQ Documents, and the written resolution thereof by Engineer is acceptable to Proposer. If there has been no written resolution by Engineer, the Proposer has included in the Quote a list of clarifications and exceptions to the RFQ Documents. WWTF Hwy 15 Lift Station Rehabilitation August 2022 Hutchinson, Minnesota 00 41 00 - 1 Quote Form Lem 1 - This Quote is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; 2. Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham Quote; 3. Proposer has not solicited or induced any individual or entity to refrain from quoting; and 4. Proposer has not sought by collusion to obtain for itself any advantage over any other Proposer or over Owner. C. 1 Proposer will complete the Work in accordance with the RFQ Documents for the followi prices. i e�(U S No. ' Measure Hwy 16 Lift Station Rehabilitation nMe�sure Lump Sum �words) 1 Proposer agrees that the Work will meet the substantial completion date and will be completed and ready for final payment on or before the dates or within the number of calendar days indicated in the Agreement. VVVVTFHwy 15Lift Station Rehabilitation August2O22 If Proposer is: An Individual Name (typed or printed) .. ...................... B............ ................. ............................ ............ (SEAL) (Individual's signature) Doingbusiness as:.................................................................... .................................... A Partnership Partnership Name: _....... , . .............. (SEAL) By: ......................... .......................... ...... _...................... (Signature of general partner- attach evidence of authority to sign) Name (typed or printed): A Corporation Name: Corporation lr W+1 l r P _ 1` ' .............. — ............ (SEAL) State of Incorporation: Type (Gen 1 Busin rofessional, Service, Limited Liability): SewL By: _ ..... _.... _ _ v-of authority to sign) • / Name (typed t or rinted : '1 r ( Yp p ) Title: 2�N V��►� �� mIT ..................••— (CORPORATE SEAL) Attest:. ` f--- _____ --- _.................. - Date of Authorization to do business in State of Minnesota is ...•w „ A Joint Venture Name of Joint Venture: First Joint Venturer Name: .. ........ .._................................................................... ........................ (SEAL) By:. ........................... ..�....... (Signature of first Joint venture partner - attach evidence of authority to sign) Name(typed or printed): ..........,,,,........................ ... ............ ....................................... m..... ........................................... m,,,,,,,............................. ._................................................... ,,,............... . Second Joint Venturer Name: ........................ ........................... (SEAL) By: ............................m,,,,,,,,,,,..........................................,,,,,,,,,,,................................. ................ .... ._......................... � (Signature of second Joint venture partner - attach evidence of authority to sign) Name (typed or printed): Title: WVVFF Hwy 15 Lift Station Rehabilitation August 2022 Hutchinson, Minnesota 0041 00-3 Quote Form HUTCHINSON CITY COUNCIL FlUTCHINSON Request for Board Action A M N'Y ON PURIPOSE. Consideration for Approval to Purchase a 2023 Case 621 GXR Wheel Loader from Agenda Item: Titan Machinery Department: Creekside - Compost Fund LICENSE SECTION Meeting Date: 9/13/2022 Application Complete N/A Contact: Andy Kosek Agenda Item Type: Presenter: Andy Kosek Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Creekside currently employs three wheel loaders, two within the Compost Fund and one within the Refuse Fund. Due to the amount of hours Creekside puts on the machines annually, approx 1,200 hrs average per machine, the machines have been put on a 10 year replacement cycle. A machine within the Compost Fund is due to be replaced in 2023; unit # 925, a 2013 Case 621 F with 13,750 hours as of 8/24/22. This machine is identified in the Compost Fund's CIP to be replaced in 2023, however, due to the current state contract pricing expiring the end of November 2022, and the longer than usual lead times for machine deliveries (approx 12 months), staff is requesting approval of the purchase now to simply place the order under the current contract pricing, and ensure 2023 delivery. The dealer states that they are anticipating a minimum of a 7% price increase on the the new upcoming contract pricing. Payment for the machine would not take place until the machine is delivered, which is expected to be mid to late 2023. The order can be cancelled up to 12/31/22 if necessary. The machine being replaced, unit #925, will either be traded or auctioned after delivery of the new unit. A trade value was given, but due to the machine being operated for another year, adding an additional 1,000 plus hours, the trade value will most likely change by the time the new machine delivery takes place. Staff will evaluate the options at that time. BOARD ACTION REQUESTED: Approval of Requisition #20285 for a 2023 Case 621 GXR Wheel Loader to Titan Machinery in the amount of $190,714.00 Fiscal Impact: $ 190,714.00 Funding Source: Compost Fund FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A Purchase Requisition Purchase Requisition No 020285 Requested Date 08/24/2022 Department 4942 Required Date Requested By akosek Preferred Vendor 130629 TITAN MACHINERY Address 6340 COUNTY ROAD 101 E SHAKOPEE, MN 55379-9052 Req. Description 2023 CASE 621 GXR 08/24/2022 01:44 PM Qty. Description GL Number 1 Unit Price Amount 1 2023 CASE 621GXR WITH SPECS 651-4942-90540 190,464.00 190,464.00 PER QUOTATION DATED i 651-4942-90540 1 DELIVERY PER STATE CONTRACT 651-4942-90540 250.00 250.00 1 Total: 190,714.00 TITAN MACHINERY 6340 Hwy 101 Shakopee Mn 55379 Creekside Soils Attn Andy Kosek Hutchinson MN Q U 0 it a it i" o �n DATE 8/24/2022 Tim Pittman Field Marketer Limothy2ittman@titanmachinem com 612-708-4578 - Mobile 952-445-5400 - Office 952-445-0365 - Fax Quantity iDescription Total 1 2023 Case 621 G Wheel Loader $ 155,847.00 Deluxe Cab w/ Heat AC STD Enhanced Cab Comfort PKG $ 860.00 LH and RH Wide Fenders with Steps $ 659.00 Enhanced Visibility Bundle ( Rear Camera, LED Lights,heated mirrors,etc) $ 1,682.00 HD Axles with front diff Lock $ 1,914.00 Heavy debris cooling system $ 686.00 Skid Plat $ 596.00 Whelen Strobe 31 LED $ 600.00 Michelin Brand Tire Pref $ 1,701.00 20.5X25 L3 Radials $ 3,137.00 Joystick w/ 2 aux function $ 769.00 Ride Control STD ACS Pro 2000 size 30 Coupler $ 2,285.00 ACS 3.5 yd GP Bucket $ 11,561.00 Extended Reach Arms $ 4,467.00 3 year 3000 Premier Warranty STD 3 year 2000 Pro Care Plan (Service Maintenance) STD Extended 5 yr 5000 Hr Premeier $ 3,700.00 sub total $ 190,464.00 Delivery Per Contract $ 250.00 Pricing Per MN State Contract Expiring 11/30/2022 Less 2013 Case 621 F w/ 13,750hrs $ (35,000.00) (Trade subject to change at time of new machine delivery) TOTAL $ 155,714.00 PLUS TAX If you have any questions concerning this quotation, please contact me at the number noted above. Approved By: Tim Pittman THANK YOU FOR YOUR BUSINESS! HUTCHINSON CITY COUNCIL ��af 4 Request for Board Action Agenda Item: Use of Two Parking Stalls in City Parking Department: Administration LICENSE SECTION Meeting Date: 9/13/2022 Application Complete N/A Contact: Melissa Starke Agenda Item Type: Presenter: Reviewed by Staff ❑✓ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: Marsha Anderson of Equul Access Inc. is holding a fundraiser celebration at Art's Place on September 24, 2022. Equul Access Inc. provides therapeutic equine assisted activities for individuals with physical, cognitive and/or emotional needs. Ms. Anderson is requesting the use of two parking stalls located in the City of Hutchinson public parking lot located to the north of Art's Place for the event. The area will be set up appropriately for a horse display. Ms. Anderson is requesting to set up a stall in the space after 6:00 p.m. on September 23, 2022, with the display area being tom down and cleaned up by 2:30 p.m. on September 24, 2022. Staff does not have any concerns with Ms. Anderson's request. BOARD ACTION REQUESTED: Approve/deny use of two parking stalls in City parking lot on September 24, 2022, for Equul Access Inc. horse display area. Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Costa $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL Cep aM Request for Board Action% Agenda Item: Gambling Premises Permit Applications - Hutchinson Youth Basketball Assoc. Department: Administration LICENSE SECTION Meeting Date: 9/13/2022 Application Complete Yes Contact: Melissa Starke Agenda Item Type: Presenter: Reviewed by Staff ❑✓ consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Hutchinson Youth Basketball Association has submitted applications to provide gambling devices at River House Kitchen + Drinks located at 122 Main Street South and at Main Street Sports Bar located at 16 Main Street North in Hutchinson, Minnesota. State law requires that cities grant approval of the premises permit applications. The applicant will then submit the final applications to the State Gambling control Board for their authorization. BOARD ACTION REQUESTED: Approve premises permit application to Hutchinson Youth Basketball Association to operate gambling devices at 122 Main Street South and 16 Main Street North. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Costa $ 0.00 Funding Source: L id Pr e..ses Permit. Anniirntion 6/15 Page 2 of 2 ! • ! ! ! ' ! l CITY APPROVAL for a gambling premises located within city limits City Name: Date Approved by City Council: Resolution Number: (If none, attach meeting minutes.) Signature of City Personnel: Title Date Signed,, Local unit of government must sign. 1. I hereby consent that local law enforcement officers, the Board or its agents, and the commissioners of revenue or public safety and their agents may enter and inspect the premises. 2. The Board and its agents, and the commissioners of revenue and public safety and their agents, are authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. 3. I have read this application and all information submitted to the Board is true, accurate, and complete. 4. All required information has been fully disclosed. 5. I am the chief executive officer of the organization. Signature of Chief COUNTY APPROVAL for a gambling premises located in a township County Name: , Date Approved by County Board: „. Resolution Number: (If none, attach meeting minutes.) Signature of County Personnel: Title: Date Signed: TOWNSHIP NAME: Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: Signature of Township Officer: ---J Title: .,....._.. �_. _ rusts Sryneu: 6. I assume full responsibility for the fair and lawful operation of all activities to be conducted. 7. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them. 8. Any changes in application information will be submitted to th, Board no later than ten days after the change has taken effect. 9. I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. 10. I understand the fee is non-refundable regardless of license approval/denial. officer (designee may not sign) Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process your organization's application. Your organization's name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to: Board members, Board staff whose work requires access to the information; w'. Date Minnesota's Department of Public Safety, Attorney General, Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. This form will be made available in alternative format, i.e. large print, braille, upon request. An equal opportunity employer MINNESOTA LAWFUL GAMBLING LG215 Lease for Lawful Gambling Activity 6/15 Page 1 of ..EINFORMATION............._ ...... LEA Organization: License/Site Number: Daytime Phone: Hutchinson Youth Basketball Association .. ..... .. .� ._ _ ................... ....... _. City. State: Zip: Hutchinson PO BoxMN 55350,534 .ww Name of Leased Premises: Street Address: Main Street Sports Bar 16 Main Street N. City: State: Zip:— Daytime Phone. Hutchinson MN 55350 320-587-2760 Name of Legal Owner: Business/Street Address: SSM Enterprises 16 Main Street N. ......... ......-- — ...._-. .... ......... ....-........ City: State: Zip: Daytime Phone: Hutchinson MN 55350 320-587-2760 Name of Lessor (if same as legal owner, write "SAME") : Address: SAME _ .._, ..........--- — — City: State: Zip: Daytime Phone: Check applicable item: © New or amended lease. Effective date: est.,..1.11'2_0.22 Submit changes at least ten days before the effective date of the change. New owner. Effective date: Submit new lease within ten days after new lessor assumes ownership. _._,.__....®__.__. ....... ....__........................ .................................................__,............_....................................................................................................................... .............,.,.,m.,......... . .... ,_.................... ,.,.,...,,,,,,,m,A CHECK ALL ACTIVITY THAT WILL BE CONDUCTED (no lease ❑ required for raffles) ......._-_....................... .-............... _.............................................................. ........ _..... Pull -Tabs (paper) Electronic Pull -Tabs ❑ Pull -Tabs (paper) with dispensing device �✓ Electronic Linked Bingo ❑ Bar Bingo El Bingo Electronic games may only be conducted: 1. at a premises licensed for the on -sale of intoxicating liquor ❑ Tipboards or the on -sale of 3.2% malt beverages; or ® Paddlewheel ElPaddlewheel with table 2. at a premises where bingo is conducted as the primary business and has a seating capacity of at least 100. __..__.._-......... ._.. s_........._..�.._.__._. _.........._....... _PULL_ -TAB_ _T_IAND PAD DLEWHEEL DDLEWHEEL RENT (separate rent for booth and bar ops) BOOTH OPERATION: Some or all sales of gambling equipment are conducted by an employee/volunteer ..o...f... a ..licensed _ orga nization at the leased premises. ALL GAMES, including electronic games: Monthly rent to be paid: 10 %, not to exceed 10% of gross profits for that month. • Total rent paid from all organizations for only booth operations at the leased premises may not exceed $1,750. • The rent cap does not include BAR OPERATION rent for electronic games conducted by the lessor. BAR OPERATION. All sales of gambling equipment conducted by the lessor or lessor's employee. --- - . _..._P —--..,.,.. _o . _---- .. ._- ._.-__......______ ELECTRONIC GAMES: Monthlyrent to be aid: 15 /o not to exceed 15o10 of the gross profits for that month from electronic pull -tab games and electronic linked bingo games. ALL OTHER GAMES: Monthly rent to be paid: 20 %, not to exceed 20% of gross profits from all other forms of lawful gambling. • If any booth sales conducted by a licensed organization at the premises, rent may not exceed 10% of gross profits for that month and is subject to booth operation $1,750 cap. BINGO RENT for leased remises where bingo is the primary mess conducted, such _ Ingo hall) ( p g bus' has b' Bingo ...................... _ �..............._ .._..__ _ _ .�...._..... _ _ .._...�.._ ...............__....... ..�.._..._..-...._................. -.................. �. go rent is limited to one of the following: • Rent to be paid: 10 %, not to exceed 10% of the monthly gross profit from all lawful gambling activities held during bingo occasions, excluding bar bingo. -OR- • Rate to be paid: $.... ................. ,,,,...,.,.,......,.....,,, per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. =* Rent may not be paid for bar bingo. => Bar bingo does not include bingo games linked to other permitted premises. LEASETERMINATIONCLAUSE (must be completed.... _ . .......................... ..._..... The lease may be terminated by either party with a written 60 day notice. Other terms: LG215 Lease for Lawful Gambling Activity 6/15 Page 2 of 2 Lease Term: The term of this agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management: The owner of the premises or the lessor will not manage the conduct of lawful gambling at the premises. The organization may not conduct any activity on behalf of the lessor on the leased premises. Participation as Players Prohibited: The lessor will not par- ticipate directly or indirectly as a player in any lawful gambling conducted on the premises. The lessor's immediate family and any agents or gambling employees of the lessor will not partici- pate as players in the conduct of lawful gambling on the premis- es, except as authorized by Minnesota Statutes, Section 349.181. Illegal Gambling: The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises or that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organiza- tion is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes, Section 349.18, Subd. 1(a). To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, Section 609.75. Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organization or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, item H, or Minnesota Statutes, Section 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or to the Board, the conduct of illegal gambling activity at this site in which the organization did not oarticioate. Other Prohibitions: The lessor will not impose restrictions on the organization with respect to providers (distributor or linked bingo game provider) of gambling -related equipment and ser- vices or in the use of net profits for lawful purposes. The lessor, the lessor's immediate family, any person residing in the same residence as the lessor, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pend- ing a final determination by the Compliance Review Group (CRG) of the Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Access to Permitted Premises: Consent is given to the Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel to enter and inspect the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the premises during any time reasonable and when necessary for the conduct of lawful gambling. Lessor Records: The lessor must maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3-1/2 years. Rent All -Inclusive: Amounts paid as rent by the organization to the lessor are all-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organi- zation, including but not limited to: - trash removal - electricity, heat - snow removal - storage - janitorial and cleaning services - other utilities or services - lawn services - security, security monitoring - cost of any communication network or service required to conduct electronic pull -tabs games or electronic bingo - in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Board. Rent payments may not be made to an individual. OF LEASE TERMS his leases trhe total onl...-agreement affirm that t l y between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. Other terms of the lease: ..... ... re of I eccnr._.......................,_...._...,_....._......,............._.w�_..,._....._.�.._.............................. ............................................... ...�............................................................. ._�.,..__..... ......__......... . ..................................... ........ Date: g ion Official (Lessee) Si' ate: Signature a Orga .... ......... ..._ .....w.... . .. _.... Print Name and Title of Lessor: Print Name and Title of Lessee: amawdaft)aVldod J ®....--.. ��mm�...�..._......... . - � _ _ _ _......... . ..... � � .......w.... _..... Questions? Contact the Licensing Section, Gambling Control Board, at Mail or fax lease to: 651-539-1900. This publication will be made available in alternative format (i.e. Minnesota Gambling Control Board large print, braille) upon request. Data privacy notice: The information requested 1711 W. County Road B, Suite 300 South on this form and any attachments will become public information when received by Roseville, MN 55113 the Board, and will be used to determine your compliance with Minnesota statutes Fax: 651-639-4032 and rules governing lawful gambling activities. Gambling Manager Seminar Information 7/16 Who must attend a Gambling Manager Seminar? The person who will be the gambling manager must have attended a seminar and passed the examination within the last six months. EXCEPTION: An emergency replacement gambling manager must attend the Gambling Manager Seminar and pass the examination within 90 days of being issued a license. For a new organization or an organization that was not licensed within the past 12 months, the current chief executive officer must have attended a Gambling Manager Seminar within the last six months. Do I need to preregister? Yes, preregistration is required to attend the seminar.. Class enrollment is limited. w - Contact your Licensing Specialist to register. A Licensing Specialist is assigned to each county. Your Licensing Specialist is listed at www.mn.gov/gcb or call 651-539-1900. After you register, and two weeks prior to the seminar, you will receive a confirmation letter which includes directions and hotel information. Is there a seminar fee? There is no charge for the seminar. The cost of attending the seminar (lodging, meals, mileage, lost wages, and seminar materials) is an allowable expense when approved by your organization's membership. Where is the seminar held? ......�.��.�.�.._.�...._...................._.............................................................._..-..... mm_........._....... The seminar is held atthe Gambling Control Board's Roseville office: Minnesota Gambling Control Board Suite 300 South 1711 West County Road B Roseville, MN 55113 When are the seminars scheduled? ..........._. Contact your Licensing Specialist to obtain the most current schedule.__.__..._...._.......... Seminar starting/ending times: First day: 8:00 am to 4:30 pm Second day: 8:00 am to 3:00 pm 3:00 pm to 5:00 pm (exam) An equal opportunity eP /oYer...................................................................................................._ .:. ----.................................................... _...._...... 9 PP I !_77 A Premises Permit Anrnlicatinn 6/15 Page 2 of 2 CITY APPROVAL for a gambling premises located within city limits City Name: Date Approved by City Council: Resolution Number: (If none, attach meeting minutes.) Signature of City Personnel: Title Date Signed Local unit of government must sign. 1. I hereby consent that local law enforcement officers, the Board or its agents, and the commissioners of revenue or public safety and their agents may enter and inspect the premises. 2. The Board and its agents, and the commissioners of revenue and public safety and their agents, are authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. 3. I have read this application and all information submitted to the Board is true, accurate, and complete. 4. All required information has been fully disclosed. 5. I am the chief executive officer of the organization Signature of Chief COUNTY APPROVAL for a gambling premises located in a township County Name: Date Approved by County Board: Resolution Number: _ (If none attach meeting wminute s.) Signature of County Personnel: Title: _ Date Signed: TOWNSHIP NAME: Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: Signature of Township Officer: Title .............. Date Signed: 6. I assume full responsibility for the fair and lawful operation of all activities to be conducted. 7. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them. 8. Any changes in application information will be submitted to thl Board no later than ten days after the change has taken effect. 9. I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. 10. I understand the fee is non-refundable regardless of license approval/denial. Officer (designee may not sign) Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process your organization's application. Your organization's name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to: Board members, Board staff whose work requires access to the information; Date..........e............._.......................�....................�... Minnesota's Department of Public Safety, Attorney General, Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. This form will be made available in alternative format, i.e. large print, braille, upon request. An equal opportunity employer MINNESOTA LAWFUL GAMBLING LG215 Lease for Lawful Gambling Activity 6115 Page 1 of !EASE INFORMATIONw_.-. ®. _._. N_ ___.__ _.__... _.__ ....___ Or anization,°::::: .. ..... :....::::.....................: Site Numbe r: .......,...., ,... �: :�: g _ / Daytime Phone: Hutchinson Youth Basketball Association Pending 651-271-0422 ......_.— ...... ........ _.... ................_ ..-- _ Address: City: State. Zip: PO Box 534 Hutchinson MN 55350 Name of Leased Premises: Street Address: River House Kitchen + Drinks 122 Main St S City;... �... _ �.... .... ---.. __ .. .. .... ...,.. _ ..... ..... State: Zip: Daytime Phone: Hutchinson MN 55350 320-587-9957 Name of Le caner: Dal g � Business/Street Address: River House Kitchen + Drinks LLC 122 Main St S _ �.. ... ......._ .w _ ....... ............................... _....— — -,r_. ................. City: State: Zip: Daytime Phone: Hutchinson MN 55350 320-583-3433 Name of Lessor (if same as legal owner, write "SAME"): Address: SAME City: State: Zip: Daytime Phone. Check applicable item: F71ofehe� change. lease. Effective date:..-est. 11_.:12022w Submit changes at least ten days before the effective date 0 New owner. Effective date; ...w_„ .... Submit new lease within ten days after new lessor assumes ownership. ..... ...._................_.. _ ...._....... __.._____ .................. _ _...__......... _ CHECK ALL ACTIVITY THAT WILL BE CONDUCTED (no lease required for raffles) .__._w_. ,-...- .................... _........ _.___w __ ..........__ ___. _ __._ Pull -Tabs (paper) F-,-(] Electronic Pull -Tabs Pull -Tabs (paper) with dispensing device M Electronic Linked Bingo Bar Bingo Bingo Electronic games may only be conducted: 1. at a premises licensed for the on -sale of intoxicating liquor Tipboards or the on -sale of 3.2% malt beverages; or Paddlewheel Paddlewheel with table 2• at a premises where bingo is conducted as the primary business and has a seating capacity of at least 100. ._ .-..___...__ .__._.._ _-w__.._...__...___. PULL -TAB, TIPBOAR_D,_AND PADDLEWHEEL RENT (separate rent for booth and bar ops) -BOOTH OPERATION: Some or all sales of gambling equipment are conducted by an employee/volunteer en.............�.�..._.�...................ion of a licen sed organization at the leased premises. ALL GAMES, including ° _^a ' _� .. ing electronic games: Monthly rent to be paid: 10 /o not to exceed 10% /o of gross V g profits for that month. • Total rent paid from all organizations for only booth operations at the leased premises may not exceed $1,750. • The rent cap does not include BAR OPERATION rent for electronic games conducted by the lessor. BAR OPERATION: All sales of gambling equipment conducted by the lessor or lessor's employee. _...___..__--.....:.............................................. _...... _......................... ......__._..._____ _._. ELECTRONIC GAMES. Monthly rent to be paid: 15 %, not to exceed 15% of the gross profits for that month from electronic pull -tab games and electronic linked bingo games. ALL OTHER GAMES: Monthly rent to be paid: 20 %, not to exceed 20% of gross profits from all other forms of lawful gambling. • If any booth sales conducted by a licensed organization at the premises, rent may not exceed 10% of gross profits for that month and is subject to booth operation $1,750 cap. ..-........_... BINGO RENT (for leased premises where bingo is the primary business conducted such as' bingo .....................ngo hall) Bingo rent is limited to one of the following: • Rent to be paid: 10 %, not to exceed 10% of the monthly gross profit from all lawful gambling activities held during bingo occasions, excluding bar bingo. - OR - • Rate to be paid: $ per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor, => Rent may not be paid for bar bingo. Bar bingo does not include bingo games linked to other permitted premises. ................................................ _........................ ........ .._............... ___._................._...._..._— ------ _.. LEASE TERMINATION CLAUSE (must be completed) The lease may be terminated by either party with a written 60 day notice. Other terms: LG215 Lease for Lawful Gambling Activity 6115 Page 2 of 2 Lease Term: The term of this agreement will ........-.... ................. ..... _.. g be concurrent Other Prohibitions: The lessor will not impose .... pose restrictions on with the premises permit issued by the Gambling Control Board the organization with respect to providers (distributor or linked (Board). bingo game provider) of gambling -related equipment and ser- Management: The owner of the premises or the lessor will not vices or in the use of net profits for lawful purposes. manage the conduct of lawful gambling at the premises. The The lessor, the lessor's immediate family, any person residing in organization may not conduct any activity on behalf of the lessor the same residence as the lessor, and any agents or employees on the leased premises. of the lessor will not require the organization to perform any Participation as Players Prohibited: The lessor will not par- action that would violate statute or rule. The lessor must not ticipate directly or indirectly as a player in any lawful gambling modify or terminate this lease in whole or in part due to the conducted on the premises. The lessor's immediate family and lessor's violation of this provision. If there is a dispute as to any agents or gambling employees of the lessor will not partici- whether a violation occurred, the lease will remain in effect pend- pate as players in the conduct of lawful gambling on the premis- ing a final determination by the Compliance Review Group (CRG) es, except as authorized by Minnesota Statutes, Section of the Board. The lessor agrees to arbitration when a violation of 349.181. this provision is alleged. The arbitrator shall be the CRG. Illegal Gambling: The lessor is aware of the prohibition Access to Permitted Premises: Consent is given to the Board against illegal gambling in Minnesota Statutes 609.75, and the and its agents, the commissioners of revenue and public safety penalties for illegal gambling violations in Minnesota Rules and their agents, and law enforcement personnel to enter and 7865.0220, Subpart 3. In addition, the Board may authorize the inspect the permitted premises at any reasonable time during the organization to withhold rent for a period of up to 90 days if the business hours of the lessor. The organization has access to the Board determines that illegal gambling occurred on the premises premises during any time reasonable and when necessary for the or that the lessor or its employees participated in the illegal conduct of lawful gambling. gambling or knew of the gambling and did not take prompt Lessor Records: The lessor must maintain a record of all action to stop the gambling. Continued tenancy of the organiza- money received from the organization, and make the record tion is authorized without payment of rent during the time period available to the Board and its agents, and the commissioners of determined by the Board for violations of this provision, as revenue and public safety and their agents upon demand. The authorized by Minnesota Statutes, Section 349.18, Subd. 1(a). record must be maintained for 3-1/2 years. To the best of the lessor's knowledge, the lessor affirms that any Rent All -Inclusive: Amounts paid as rent by the organization and all games or devices located on the premises are not being to the lessor are all-inclusive. No other services or expenses used, and are not capable of being used, in a manner that provided or contracted by the lessor may be paid by the organi- violates the prohibitions against illegal gambling in Minnesota zation, including but not limited to: Statutes, Section 609.75. - trash removal Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an - electricity, heat organization must continue making rent payments under the - snow removal terms of this lease, if the organization or its agents are found to - storage be solely responsible for any illegal gambling, conducted at this - janitorial and cleaning services site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, - other utilities or services item H, or Minnesota Statutes, Section 609.75, unless the - lawn services organization's agents responsible for the illegal gambling activity - security, security monitoring are also agents or employees of the lessor. - cost of any communication network or service required to The lessor must not modify or terminate the lease in whole or in conduct electronic pull -tabs games or electronic bingo part because the organization reported, to a state or local law - in the case of bar operations, cash shortages. enforcement authority or to the Board, the conduct of illegal Any other expenditures made by an organization that is related gambling activity at this site in which the organization did not to a leased premises must be approved by the director of the participate.Rent Board.. payments may not be made to an individual . _... ACKNOWLEDGMENT OF LEASE TERMS -..— - --------- I affirm that this lease is the total and only agreement between - ..---------- _ _ the r � � �� , t een the Isar and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. Other terms of the lease: . _.......... ...........__... _. _.W... Siarm � �rire of Lessor: Date: _- ... _.. Signature of Organ'tian Official (Lessee): Date. � �.., ,ra-.. .. ..� ...m.m m. ,..._ .._......... -W.. ..e._ ...... �......_....mm._....._.....�.... , Pnnt�" ame andT_tlp of Lessor: r: Print Name and Title of Lessee: .. ........... _ _. ,,.,.... ....°... ___—__,.-..._,.... ..._............ °.. . ,.,..� �.... _.__..-.eta..-........... ..,m.... ....._..�......... _ .. .. .�., Questions? Contact the Licensing Section, Gambling Control Board, at Mail or fax lease to: 651-539-1900. This publication will be made available in alternative format (i.e. Minnesota Gambling Control Board large print, braille) upon request. Data privacy notice: The information requested 1711 W. County Road B, Suite 300 South on this form and any attachments will become public information when received by Roseville, MN 55113 the Board, and will be used to determine your compliance with Minnesota statutes Fax: 651-639-4032 and rules governing lawful gambling activities. HUTCHINSON CITY COUNCIL d a Request for Board Action 79=*�17 UNMONMNOWONM Agenda Item: Homecoming Parade Permit Department: Administration LICENSE SECTION Meeting Date: 9/13/2022 Application Complete Yes Contact: Melissa Starke Agenda Item Type: Presenter: Reviewed by Staff ❑✓ consent Agenda Time Requested (Minutes): License Contingency No Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The city has received a parade permit application from the Hutchinson High School in reference to the 2022 Homecoming Parade. The Annual Homecoming Parade will be held on Friday September 30, 2022. The parade will go from the Middle School Parking lot on South Grade Road then along School Road to the High School parking lot. This request requires South Grade Rd between Dale St and School Rd to be closed, School Rd between South Grade Rd and Roberts Rd between the hours of 12:30 pm and 1:30 pm for this event. The police department has reviewed the application and has no concerns. BOARD ACTION REQUESTED: Approve issuing parade permit to Hutchinson High School on September 30, 2022. Fiscal Impact: $ 500.00 Funding Source: Police FTE Impact: 4.00 Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Costa $ 0.00 Funding Source: y 111 Hassan Street Southeast Hutchinson, MN 55350 (320)587-5151/Fax:(320)234-4240 City of Hutchinson APPLICATION FOR PARADE PERMIT (Under Ordinance No. 71.01) Date Received: All applications must be received at least 20, days before event in order to be considered Information . 350101113 915 Organization Name Phone Number 12aD �2D��' -TS i2b ' V/ #AA-Ulh �S Organization Address City State DO Authorized Officer and Parade'Chairman Information 9 S a4 940 915( Officer Name Phone Number Ply Residence Address City Parade Chairman Name OAN irs 3 S State Zip Phone Number Residence Address Cite State Zia _Parade Information Parade Date: Q Assembly Time: Location and Descriptio of Assembly Area: �, 5C�-- Starting Time of Parade: NoEstimated Time of Parade: Starting Point of Parade: M IV 0 LAE 51,M0 L+ � � E 6� Route of Parade Travel: S o U -ft4 C-r" to (� ie b. ru P— tV g4 &I t r 8 _ vLAKIP. /q 124 b- T 101D W155T dPCG-- S tjfVp Co rinryt- p3 filN P QV J L ()j T Lb Ending Point of Parade: _ 1- L 0 7—0 IF ffS Approximate Number of Units, Animals, and Vehicles which will constitute Parade: Type and Description of Animals and Vehicles:myliyuy. V 1 Maximum Interval of Space to be Maintained Between Units: Maximum Length of Parade: Minimum and Maximum Speed of Parade: C' - / 1� M go a MPH City of Hutchinson Application forParade Permit Page 2 of 2 I declare that the information I have provided on this application is truthful., and I authorize the City of Hutchinson to investigate the information submitted. of authorized officer of organization or parade chairman errial Use oill Police proved ❑ denied Notes: City Council ❑ approved ❑ denied Notes: q1; ALR__ Date CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 8/24/22 - 9/13/22 Check Date ----------------- 08/26/2022 Check ------------ EFT Vendor Name ---------------------------------------------------------------- EFTPS Description --------------------------------------------------------------------------------- Payroll Report 8/7/22 - 8/20/22 Amount ---------------------- 79,828.45 08/26/2022 EFT Child Support Payroll Report 8/7/22 - 8/20/22 708.16 08/26/2022 EFT MN Dept of Revenue Payroll Report 8/7/22 - 8/20/22 15,432.93 08/26/2022 EFT Provident Life -Vol Ins Payroll Report 8/7/22 - 8/20/22 488.02 08/26/2022 EFT PERA Payroll Report 8/7/22 - 8/20/22 58,749.32 08/26/2022 EFT Further HSA Payroll Report 8/7/22 - 8/20/22 13,647.99 08/26/2022 EFT Mission Square Payroll Report 8/7/22 - 8/20/22 4,547.36 08/26/2022 EFT VOYA Payroll Report 8/7/22 - 8/20/22 460.00 08/26/2022 EFT MNDCP Payroll Report 8/7/22 - 8/20/22 350.00 08/26/2022 104872 MNPEA Payroll Report 8/7/22 - 8/20/22 624.00 08/26/2022 104873 UNUM Life Voluntary Payroll Report 8/7/22 - 8/20/22 1,204.40 08/26/2022 104874 LELS Union Dues Payroll Report 8/7/22 - 8/20/22 325.00 08/26/2022 104875 HART Payroll Report 8/7/22 - 8/20/22 222.56 09/13/2022 104876 A.M. LEONARD INC DRAIN SPADE, RAKES -AIRPORT 241.53 09/13/2022 104877 ACE HARDWARE - 1315 REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 813.70 09/13/2022 104878 ACE HARDWARE - 1790 SHOP SUPPLIES - FIRE 92.43 09/13/2022 104879 ACE HARDWARE - 1825 REPAIR & MAINT SUPPLIES - POLICE 88.10 09/13/2022 104880 ACE HARDWARE - 6762 SCALE: NUTS/BOLTS/NAILS - REFUSE 4.48 09/13/2022 104881 ADVANCED ENGINEERING & ENVIRONMENTA SCADA IMPV THRU 7/29/22 - WWTP & WATER 33,567.25 09/13/2022 104882 ADVANCED POWER SERVICES, INC GENERATOR INSPECTION - WWTP & WATER 2,189.00 09/13/2022 104883 AHLGREN ELECTRIC REPAIR YARD LIGHT @ ELKS PARK 277.68 09/13/2022 104884 ALLINA HEALTH SYSTEM 3RD QTR FIRST RESPONDER TRAINING CLASS - FIRE 889.91 09/13/2022 104885 AMERICAN BOTTLING CO COST OF GOODS SOLD - LIQUOR HUTCH 569.60 09/13/2022 104886 AMPLIFY FOR CHANGE SUPPORTTO MPCAGRANT - REFUSE 6,100.00 09/13/2022 104887 ANOKA COUNTY SHERIFF'S OFFICE A ERLANDSON: ACTIVE SHOOTER TRAINING - PD 600.00 09/13/2022 104888 ARLYN'S PHOTOS AQUATIC CENTER PHOTOS 123.00 09/13/2022 104889 ARROWHEAD FORENSICS BUN BOX, BAGS - POLICE 167.24 09/13/2022 104890 ARTISAN BEER COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 2,390.15 09/13/2022 104891 AUTO VALUE - GLENCOE EQUIPMENT PARTS - HATS 116.81 09/13/2022 104892 AUTO-CHLOR SYSTEM AUG DISHWASHER SERVICE - SR DIN 220.00 09/13/2022 104893 B&B SPORTS & RV MOBILE COMMAND POST 12: REPAIR A/C - PD 372.06 09/13/2022 104894 BALDWIN SUPPLY COMPANY BAGGER PARTS - COMPOST 1,385.17 09/13/2022 104895 BARGEN INC 2022 TRAIL REPAIRS (S GRADE RD) - STREETS 13,275.00 09/13/2022 104896 BELLBOY CORP COST OF GOODS SOLD - LIQUOR HUTCH 9,163.21 09/13/2022 104897 BERNICK'S COST OF GOODS SOLD - LIQUOR HUTCH 3,900.97 09/13/2022 104898 BLACK GOLD ENVIRONMENTAL SERVICES BURNER CLEANED - HATS 584.25 09/13/2022 104899 BOBBING BOBBER BREWING CO COST OF GOODS SOLD - LIQUOR HUTCH 75.00 09/13/2022 104900 BRANDED SOLUTIONS LOYALTY PROGRAM COOLER BAGS - LIQUOR HUTCH 4,185.00 09/13/2022 104901 BRASS FOUNDRY BREWING CO COST OF GOODS SOLD - LIQUOR HUTCH 395.68 09/13/2022 104902 BRAUN INTERTEC CORP VARIOUS PROJECTS THRU 8/1/22 - MULTIPLE DEPTS 16,863.55 09/13/2022 104903 BREAKTHRU BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 24,760.88 09/13/2022 104904 BUSKS, MARISSA UB refund for account: 2-710-4070-6-01 69.54 09/13/2022 104905 C & C CONTRACTING & STRIPING LAYOUT & STRIPE PARKING LOT - WWTP 550.00 09/13/2022 104906 C & L DISTRIBUTING COST OF GOODS SOLD - LIQUOR HUTCH 71,240.39 09/13/2022 104907 CARD SERVICES SUPPLIES - POLICE 53.26 09/13/2022 104908 CARLSON, ANDREW REFUND: SHELTER RENTAL- PARKS 45.00 09/13/2022 104909 CARS ON PATROL SHOP LLC OIL CHANGES, INSPECTIONS - POLICE 792.03 09/13/2022 104910 CENTRAL HYDRAULICS EQUIPMENT PARTS - STREETS 319.98 09/13/2022 104911 CENTRAL MCGOWAN PARTS & SUPPLIES - MULTIPLE DEPTS 231.93 09/13/2022 104912 CENTURY FENCE TRAINING SITE GATE REPAIR - FIRE & PD 2,340.00 09/13/2022 104913 CHEMISOLV CORP FERRIC CHLORIDE - WWTP 9,046.59 09/13/2022 104914 CINTAS CORPORATION SUPPLIES & SERVICE - MULTIPLE DEPTS 449.56 09/13/2022 104915 CLARKE ENVIRONMENTAL MOSQUITO MANAG JULY MOSQUITO MGMT -STREETS 20,895.00 09/13/2022 104916 COBALT COMPANIES PAINT STREETLIGHT POLES - STREETS 2,160.00 09/13/2022 104917 COKER COMPOSTING AND CONSULTING SUPPORT TO MPCAGRANT - REFUSE 300.00 09/13/2022 104918 CORE & MAIN LP METERS - WATER 999.41 09/13/2022 104919 CREEKSIDE SOILS MULCH - MULTIPLE DEPTS 241.68 09/13/2022 104920 CROW RIVER AUTO & TRUCK REPAIR OIL CHANGES - PARKS 217.87 09/13/2022 104921 CROW RIVER PRESS INC SR NEWSLETTERS - SR CTR 40.71 09/13/2022 104922 CROW RIVER WINERY COST OF GOODS SOLD - LIQUOR HUTCH 1,134.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 8/24/22 - 9/13/22 Check Date ----------------- 09/13/2022 Check ------------ 104923 Vendor Name ---------------------------------------------------------------- CROWNLIFTTRUCKS Description --------------------------------------------------------------------------------- COMPOST FORKLIFT TIRES Amount ---------------------- 1,286.40 09/13/2022 104924 DAVE GRIEF CLEANING WINDOW CLEANING - LIQUOR HUTCH 60.00 09/13/2022 104925 DIRECT PLASTICS BAG FILM - CREEKSIDE 46,942.60 09/13/2022 104926 DOG -ON -IT -PARKS BAGS - PARKS 372.00 09/13/2022 104927 ECOLAB PEST ELIMINATION 8/31 PEST CONTROL -COMPOST 187.10 09/13/2022 104928 ECOSAFE ZERO WASTE USA INC COMPOSTABLE BAGS / LINERS - REFUSE 4,770.00 09/13/2022 104929 EHLERS & ASSOCIATES INC TIF ANALYSIS, POTENTIAL QUADE PROJECT 550.00 09/13/2022 104930 ELECTRO WATCHMAN UPDATED CODES IN THE PANEL- LIBRARY 25.00 09/13/2022 104931 ELLEFSON, LISA & TIMOTHY UB refund for account: 3-486-4160-3-01 304.49 09/13/2022 104932 FARM -RITE EQUIPMENT 3" PINTAL ADJ, BOLTS/NUTS - PARKS 58.19 09/13/2022 104933 FASTENAL COMPANY SUPPLIES - PARKS 1,929.70 09/13/2022 104934 FIRST CHOICE FOOD & BEVERAGE SOLUTI COFFEE - CITY CENTER 123.00 09/13/2022 104935 FLECK, DALE REIMB: SAFETY FOOTWEAR - STREETS 125.98 09/13/2022 104936 FOBBE ELECTRIC NEW POLICE FACILITY THRU 8/1/22 PAY #10 57,000.00 09/13/2022 104937 FORCE AMERICA REPAIR & BOLT KITS - STREETS 1,213.55 09/13/2022 104938 FORESTEDGE WINERY COST OF GOODS SOLD - LIQUOR HUTCH 132.00 09/13/2022 104939 FORKLIFTS OF MINNESOTA INC MAINT & EMISSIONS TESTS - WATER 270.61 09/13/2022 104940 FOSTER MECHANICAL HVAC REPAIR - EDA 162.41 09/13/2022 104941 GALLS LLC TROUSERS, SHIRTS, SUPPLIES - POLICE 921.20 09/13/2022 104942 GAVIN, JANSSEN & STABENOW, LTD JULY PROSECUTIONS - LEGAL 3,500.00 09/13/2022 104943 GOLDSTAR PRODUCTS INC RED HOT 50 LBS - WWTP 4,914.40 09/13/2022 104944 GOPHER STATE FIRE EQUIPMENT CO. EXTINGUISHER RE -CHARGE - FIRE 33.50 09/13/2022 104945 GRAINGER EQUIPMENT SUPPLIES - MULTIPLE DEPTS 3,325.10 09/13/2022 104946 GRANITE ELECTRONICS, INC. MICROPHONE, MINITORS, WARRANTY - FIRE 1,131.55 09/13/2022 104947 HACH COMPANY ELBOWS, BARBS - WATER 136.26 09/13/2022 104948 HAGER JEWELRY INC. PLAQUE, GIFT - CITY ADMIN 79.00 09/13/2022 104949 HANSON & VASEK CONSTRUCTION CURB REPAIR -STREETS 1,750.00 09/13/2022 104950 HAWKINS INC AZONE 15, SODIUM HYDROXIDE - WATER 9,551.47 09/13/2022 104951 HILLYARD / HUTCHINSON GLOVES, WAVES, LINERS, REPAIR - CITY CTR 287.67 09/13/2022 104952 HJERPE CONTRACTING EMERGENCY REPAIR -WATER LEAK @ 813 LINDY 4,517.50 09/13/2022 104953 HOESE, BRAD & ANITA UB refund for account: 2-670-3030-9-04 58.54 09/13/2022 104954 HOLT-PETERSON BUS 9/15 ARBORETUM - SR TRIP 745.00 09/13/2022 104955 HOWK, DAN REIMB: SAFETY FOOTWEAR - PARKS 174.95 09/13/2022 104956 HUTCHFIELD SERVICES INC SEPT JANITORIAL SERVICES - HATS 1,485.75 09/13/2022 104957 HUTCHINSON AREA CHAMBER OF COMMERCE LEADERSHIP PARTICIPANT- POLICE 550.00 09/13/2022 104958 HUTCHINSON CHAMBER & TOURISM JULY 2022 LODGING TAX 15,167.82 09/13/2022 104959 HUTCHINSON CO-OP JULY FUEL & SERVICES - MULTIPLE DEPTS 58,829.47 09/13/2022 104960 HUTCHINSON HEALTH DRUG TESTING - MULTIPLE DEPTS 460.00 09/13/2022 104961 HUTCHINSON HRA TIF: KATHLEEN BLOCK- HRA 410.40 09/13/2022 104962 HUTCHINSON LEADER AUG ADVERTISING/PUBLISHING - MULTIPLE DEPTS 1,743.96 09/13/2022 104963 HUTCHINSON WHOLESALE#1550 EQUIPMENT PARTS- MULTIPLE DEPTS 403.25 09/13/2022 104964 HUTCHINSON WHOLESALE #1551 EQUIPMENT PARTS - CREEKSIDE 156.34 09/13/2022 104965 HUTCHINSON WHOLESALE #1552 ELECTRICAL CONNECTOR, BATTERY - PARKS 243.32 09/13/2022 104966 IDEAL SERVICE INC PREVENTATIVE MAINT- WATER 880.00 09/13/2022 104967 INGSTAD BROADCASTING KDUZ: HUSKIES ADS - LIQUOR HUTCH 150.00 09/13/2022 104968 INNOVATIVE OFFICE SOLUTIONS LLC PAPER, TOWELS, SOAP, LINERS - LIQUOR HUTCH 293.22 09/13/2022 104969 INT'L SOCIETY OF ARBORICULTURE D SCHUETTE MEMBERSHIP - STREETS 95.00 09/13/2022 104970 INTERSTATE DISTRIBUTION & MFG BEARINGS - COMPOST 351.12 09/13/2022 104971 ISD #423 JULY & AUG CLASSES - COMM ED 8,324.04 09/13/2022 104972 ISD423/PRCE BROCHURE PAGES & POSTAGE - PRCE 2,535.42 09/13/2022 104973 J.P, AUSTIN ASSOCIATES INC VERMICULITE - COMPOST 21,067.80 09/13/2022 104974 JIMMY'S PIZZA PIZZAS - PW LUNCH 217.15 09/13/2022 104975 JOHNSON BROTHERS LIQUOR CO. COST OF GOODS SOLD - LIQUOR HUTCH 43,870.50 09/13/2022 104976 JOHNSON CONTROLS FIRE PROTECTION LP JUNE 2022 - MAY 2023 CONTRACT - EV CTR 1,023.50 09/13/2022 104977 JONNY ROCKS BODY SHOP RESCUE #8 BOX REPAIR - FIRE 2,700.00 09/13/2022 104978 JUUL CONTRACTING CO SANITARY SEWER SERVICE 136 4TH AVE SE 14,161.60 09/13/2022 104979 KERI'S CLEANING & HANDYMAN SERVICES AUG CLEANING - MULTIPLE LOCATIONS 5,651.06 09/13/2022 104980 KNICK, DAVE REFUND: CAMPING RESERVATION - PARKS 65.00 09/13/2022 104981 KOHLS SWEEPING SERVICE 2022 SHORT LINE STRIPING, MISC SWEEPING 8,281.05 09/13/2022 104982 KRANZ LAWN & POWER CHAIN - PUBLIC WORKS 161.98 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 8/24/22 - 9/13/22 Check Date ----------------- 09/13/2022 Check ------------ 104983 Vendor Name ---------------------------------------------------------------- KWIK TRIP Description --------------------------------------------------------------------------------- CONCESSION SUPPLIES - WATERPARK Amount ---------------------- 2,490.00 09/13/2022 104984 L & P SUPPLY CO 2 WS/WD DIESEL: V-BELT, LABOR - WWTP 179.61 09/13/2022 104985 L & S ELECTRIC, INC. COOLING FAN - WWTP 403.00 09/13/2022 104986 LANDWEHR CONSTRUCTION INC L1P22-01 2022 PAVEMENT MGMT PROGRAM #5 THRU 8/22 311,729.68 09/13/2022 104987 LAWSON PRODUCTS INC EQUIPMENT SUPPLIES - MULTIPLE DEPTS 2,314.12 09/13/2022 104988 LEAGUE OF MN CITIES 2022-2023 MEMBERSHIP DUES 14,299.00 09/13/2022 104989 LEAGUE OF MN CITIES -INS TRUST INSURANCE PREMIUMS 10/1 - 12/31/22 63,136.00 09/13/2022 104990 LOCATORS & SUPPLIES FLAGS - STREETS 369.88 09/13/2022 104991 LOCHER BROTHERS INC COST OF GOODS SOLD - LIQUOR HUTCH 75,946.27 09/13/2022 104992 LOGIS ADOBE PRO SUBSCRIPT, OPTICS - MULTIPLE DEPTS 1,136.54 09/13/2022 104993 MARCO TECHNOLOGIES, LLC CONTRACT PRINTING - MULTIPLE DEPTS 1,599.36 09/13/2022 104994 MARCO TECHNOLOGIES, LLC CONTRACT PRINTING - MULTIPLE DEPTS 1,949.86 09/13/2022 104995 MARTI N-MCALLISTE R E MCCORMICK ASST - POLICE 600.00 09/13/2022 104996 MAVERICK WINE COST OF GOODS SOLD - LIQUOR HUTCH 2,020.73 09/13/2022 104997 MCKIMM MILK TRANSIT 8/31 CREEKSIDE FREIGHT TO BFG SUPPLY 520.58 09/13/2022 104998 MCLEOD COUNTY AUDITOR -TREASURER TIF 4-22 JORGENSON HOTEL SET UP FEES 450.00 09/13/2022 104999 MCLEOD COUNTY HHW REFUSE - FIRE 10.00 09/13/2022 105000 MCLEOD COUNTY PUBLIC WORKS 2022 AERIAL PHOTO PARTNERSHIP - STREETS 13,026.40 09/13/2022 105001 MCLEOD COUNTY RECORDER VARIOUS RECORDINGS WITH COUNTY 370.00 09/13/2022 105002 MCLEOD FOR TOMORROW TUITION: JOHN KENT - WWTP 550.00 09/13/2022 105003 MEEKER COUNTY SHERIFF'S OFFICE SUBPOENA SERVICE - LEGAL 80.00 09/13/2022 105004 MENARDS HUTCHINSON REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 710.20 09/13/2022 105005 MID-AMERICAN RESEARCH CHEMICAL GRAPHITE LUBRICANT - HATS 483.23 09/13/2022 105006 MINI BIFF VARIOUS RENTALS - PARKS 532.54 09/13/2022 105007 MINNESOTA DEPT OF HEALTH Q3 2022 STATE FEE - WATER CONNECTIONS 11,766.00 09/13/2022 105008 MINNESOTA FIRE SERVICE CERTIF BOARD FIREFIGHTER CERT EXAMS: N PAGEL - FIRE 240.00 09/13/2022 105009 MINNESOTA SOCIETY OF ARBORICULTURE DONOVAN SCHUETTE FALL CONF REG - STREETS 130.00 09/13/2022 105010 MINNESOTA STATE BAR ASSOC M SEBORA MEMBERSHIP - LEGAL 308.00 09/13/2022 105011 MINNESOTA VALLEY TESTING LAB LAB SAMPLE TESTING - MULTIPLE DEPTS 1,126.80 09/13/2022 105012 MOTION PICTURE LICENSING CORPORATIO MPLC UMBRELLA LICENSE - SR CTR 388.72 09/13/2022 105013 NERO ENGINEERING LLC JULY WASTEWATER TREATMENT EFFORTS 15,269.54 09/13/2022 105014 NORTH CENTRAL INTERNATIONAL EQUIPMENT PARTS - STREETS 1,554.90 09/13/2022 105015 NORTH CENTRAL LABORATORIES LAB SUPPLIES - WWTP 509.12 09/13/2022 105016 NORTHERN SAFETY & INDUSTRIAL SUPPLIES - MULTIPLE DEPTS 647.82 09/13/2022 105017 NORTHERN SMOKE BBQ COST OF GOODS SOLD - LIQUOR HUTCH 240.00 09/13/2022 105018 NORTHERN STATES SUPPLY INC EQUIPMENT PARTS - HATS 327.27 09/13/2022 105019 ODP BUSINESS SOLUTIONS LLC PAPER - STREETS 149.97 09/13/2022 105020 OLSEN CHAIN & CABLE CO. HOOKS, CLEVIS SLIP - WWTP 658.62 09/13/2022 105022 PAL-SERV PALLETS - COMPOST 27,664.00 09/13/2022 105023 PALLET SERVICE CORPORATION PALLETS - COMPOST 14,341.60 09/13/2022 105024 PAUSTIS WINE COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 1,387.50 09/13/2022 105025 PEAT INC. FLOODWOOD FINE - COMPOST 27,865.50 09/13/2022 105026 PELLINEN LAND SURVEYING SURVEYING FOR OAKLAND AVE PROJ - ENG 790.00 09/13/2022 105027 PEOPLEREADY INC CREEKSIDE TEMP STAFFING 8,416.00 09/13/2022 105028 PETERSON, ROSS REFUND: TOURNAMENT CANCELLED - REC 175.00 09/13/2022 105029 PHILIPS HEALTHCARE SMART PADS CARTRIDGES, BATTERY PACKS - PD 503.75 09/13/2022 105030 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 44,206.25 09/13/2022 105031 PIKE TRANSFER LLC CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 950.00 09/13/2022 105032 PIONEERLAND LIBRARY SYSTEM 3RD QTR 2022 FUNDING REQUEST 45,965.50 09/13/2022 105033 PIZZA RANCH #3080 PIZZAS FOR POOL PARTY 946.81 09/13/2022 105034 PLUNKETTS PEST CONTROL SEPT 22 -AUG 23 PEST CONTROL- LIQUOR HUTCH 786.37 09/13/2022 105035 PREMIUM WATERS SEPT SERVICE - PARKS 57.99 09/13/2022 105036 PREVOLV INC NEW POLICE FACILITY FURNITURE 138,882.56 09/13/2022 105037 PRIMEX L6P21-06: W & WW SCADA SYSTEM IMPRVS#2 102,088.82 09/13/2022 105038 PRO AUTO MN INC VEHICLE REPAIRS - MULTIPLE DEPTS 803.82 09/13/2022 105039 PTM DOCUMENT SYSTEMS W-2 FORMS - FINANCE 514.03 09/13/2022 105040 QUADE ELECTRIC INSTALL MOTION DETECTORS - PARKS 203.00 09/13/2022 105041 QUADE INVESTMENTS LLC REIMB QUADE TIF ESCROW 14,450.00 09/13/2022 105042 QUALITY FLOW SYSTEMS PUMPS & ACCESS. FOR HWY 15 LS - WWTP 13,686.00 09/13/2022 105043 RAMAKER & ASSOCIATES INC JULY 2022 MAP CHANGES - CEMETERY 225.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 8/24/22 - 9/13/22 Check Date ----------------- 09/13/2022 Check ------------ 105044 Vendor Name ---------------------------------------------------------------- RASMUSSEN, ANDREW Description --------------------------------------------------------------------------------- REFUND: TOURNAMENT CANCELLED - REC Amount ---------------------- 175.00 09/13/2022 105045 REINER ENTERPRISES INC CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 4,592.62 09/13/2022 105046 REVIER WELDING LEAF VAC REPAIR, TUBES - MULTIPLE DEPTS 709.26 09/13/2022 105047 RHODA, ANDREA REFUND: PRIVATE SWIM LESSON - REC 55.00 09/13/2022 105048 RICE LAKE CONSTRUCTION GROUP REJECT PIPING IMPROVEMENTS - WATER 5,714.30 09/13/2022 105049 ROYAL WASH HOUSE 7/18 - 7/25 LAUNDRY SERVICES - EV CTR 229.25 09/13/2022 105050 RUNNING'S SUPPLY REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 320.18 09/13/2022 105051 SAM'S TIRE SERVICE COMPOST LOADER TIRE REPAIR 909.87 09/13/2022 105052 SANKEN, TIM REFUND: SHELTER RESERVATION - PARKS 45.00 09/13/2022 105053 SAVATREE GENERAL TREE CARE - STREETS 5,008.00 09/13/2022 105054 SHORT-ELLIOT-HENDRICKSON, INC VARIOUS PROJECTS THRU 7/30/22 - ENG 8,963.13 09/13/2022 105055 SIRCHIE ACQUISITION COMPANY, LLC TESTS - POLICE 277.45 09/13/2022 105056 SITEONE LANDSCAPE SUPPLY HERBICIDE - PARKS 1,804.12 09/13/2022 105057 SJF MATERIAL HANDLING INC RACKS, WIRE DECKS - WWTP 424.80 09/13/2022 105058 SKELTON, MIKE REFUND: TOURNAMENT CANCELLED - REC 175.00 09/13/2022 105059 SMALL LOT MN LLC COST OF GOODS SOLD - LIQUOR HUTCH 2,499.09 09/13/2022 105060 SOUTHERN WINE & SPIRITS OF MN COST OF GOODS SOLD - LIQUOR HUTCH 48,840.77 09/13/2022 105061 STANDARD PRINTING-N-MAILING POSTAGE, SUPPLIES, BILLS - MULTIPLE DEPTS 1,877.52 09/13/2022 105062 STAPLES ADVANTAGE OFFICE SUPPLIES - MULTIPLE DEPTS 366.12 09/13/2022 105063 STATE OF WISCONSIN TONNAGE/LICENSE - COMPOST 280.40 09/13/2022 105064 STREICH TRUCKING CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 1,115.00 09/13/2022 105065 SYSCO WESTERN MN CONCESSION SUPPLIES - WATERPARK 832.96 09/13/2022 105066 TEK MECHANICAL REPAIR INOVENT UNIT - WWTP 300.00 09/13/2022 105067 TITAN MACHINERY COMPOST LOADER SERVICE WORK 14,126.03 09/13/2022 105068 TLB CONSTRUCTION LLC TIF: KATHLEEN BLOCK - HRA 4,104.00 09/13/2022 105069 TNT PLASTICS INC SPLENDORGRO BAG FILM - COMPOST 84,013.62 09/13/2022 105070 TRI COUNTY WATER BOTTLE WATER DELIVERY - MULTIPLE DEPTS 320.15 09/13/2022 105071 TRI-COUNTY PALLET & CRATE PALLETS - COMPOST 24,200.00 09/13/2022 105072 TRUSTED COACHES JUNE/JULY TRAINING - REC 565.00 09/13/2022 105073 TUCKER, JOHN UB refund for account: 3-210-3360-5-04 108.90 09/13/2022 105074 UNITED FARMERS COOP FUEL - HATS 68,673.55 09/13/2022 105075 UPPER MIDWEST AC CLUB REFUND: BUILDING PERMIT 2,946.96 09/13/2022 105076 USA BLUE BOOK CONNECTORS - WATER 19.24 09/13/2022 105077 VALLEY SALES OF HUTCHINSON PD EQUINOX: BODY REPAIR 2,186.90 09/13/2022 105078 VERIZON WIRELESS JUL 24 - AUG 23 PHONE SERVICES 3,438.88 09/13/2022 105079 VESSCO INC RED VALVES - WATER 2,065.00 09/13/2022 105080 VIKING BEER COST OF GOODS SOLD - LIQUOR HUTCH 24,113.50 09/13/2022 105081 VIKING COCA COLA COST OF GOODS SOLD - LIQUOR HUTCH 780.55 09/13/2022 105082 VIKING SIGNS & GRAPHICS INC VINYL VEHICLE BADGE LOGOS - FIRE 60.00 09/13/2022 105083 VINOCOPIA INC COST OF GOODS SOLD - LIQUOR HUTCH 3,091.58 09/13/2022 105084 VIVID IMAGE DOWNTOWN GRANT APP ADJ - EDA 116.25 09/13/2022 105085 WACONIA TREE FARMS FDP TREES - STREETS 682.00 09/13/2022 105086 WASTE MANAGEMENT OF WI -MN REFUSE TAKEN TO LANDFILL 7,193.56 09/13/2022 105087 WATERVILLE FOOD & ICE COST OF GOODS SOLD - LIQUOR HUTCH 835.40 09/13/2022 105088 WEBER, STEVE DRILLED DIE & BASE REATTACHED - CEMETERY 150.00 09/13/2022 105089 WELCOME NEIGHBOR NEW RESIDENT VISITS - LIQUOR HUTCH 60.00 09/13/2022 105090 WILSON'S NURSERY INC TREES -STREETS 1,942.00 09/13/2022 105091 WINE COMPANY, THE COST OF GOODS SOLD - LIQUOR HUTCH 5,092.07 09/13/2022 105092 WINE MERCHANTS INC COST OF GOODS SOLD - LIQUOR HUTCH 10,056.08 09/13/2022 105093 WOLD ARCHITECTS & ENGINEERS NEW POLICE FACILITY THRU 8/31/22 7,935.91 09/13/2022 105094 NATIONWIDE BUILDERS RISK POLICY RENEWAL- NEW PD 15,182.00 Total - Check Register A: $ 2,089,751.94 CHECK REGISTER B FOR CITY OF HUTCHINSON CHECK DATE FROM 8/24/22 - 9/13/22 Check Date ----------------- 09/13/2022 Check -------- - 105021 Vendor Name - - - - - - ------------------------------------------------- OUTDOOR MOTION Description --------------------------------------------------------------------------------- 807210 & 807211 BIKE REPAIRS - POLICE Amount ---------------------- 329.33 Total - Check Register B: $ 329.33 RA HUTCHINSON CITY COUNCIL PlUTCHINSON Request for Board Action A M N'Y ON PLPRYr'tB.SE. Resolution 15488 Authorizing Issuance of $6,150,000 General Obligation Bonds, Agenda Item: Series 2022A Department: Finance LICENSE SECTION Meeting Date: 9/13/2022 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Nick Anhut Reviewed by Staff �f New Business Time Requested (Minutes): 5 License Contingency N/A Attachments:Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Nick Anhut from Ehlers will review the bids received for the 2022 bond issuance. The new debt, with an estimated par value of $6,150,000 will finance the following 2022 projects: $2,150,000 - G.O. Street Reconstruction Bonds - Roadway improvements to the west of Linden Park area - 15 year debt repaid by special assessments and the city's debt tax levy $4,000,000 - G.O. CIP Bonds - This is the final financing to complete the new Police Facility project - 25 year debt with repayment by the city's debt tax levy The City's Standard & Poors bond rating reaffirmation and report was not available for inclusion with this agenda item. I believe that our rating will be reaffirmed at AA- and will forward the report separately when it is received. The City's debt tax levy graph, following this page, is based on an estimated 2022 bond sale and will be updated after the actual bond sale terms are known on September 13. The levy is expected to increase moderately each year by 3% to 4% until it stabilizes in 2031. Keep in mind that rising roadway improvement costs may impact the future debt levy, along with potential equipment debt. BOARD ACTION REQUESTED: Consider and approve the issuance of $6,150,000 general obligation improvement bonds, series 2022A, by adopting resolution 15488 Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A Debt Tax Levy $3,500,000 $3,10a"20 $3,000,000 60M,342 U13M 0:30 $2,427.wq WOO 04A 441 $2,500,000 WJ $2,0-,-0 Milli/ M47,04 107,114 S,44,04 $2 n Wi M a I 0�Al 20 SIL'sm-0 I 1=1 Va/mmal t4jw/,1AS( $500,000 MINNA I ............ on-", ....... Jw ......... . I IF HM I I// . ...... . IYOXIM"(11 . ........ PRIORI . . ..... 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 EMExisting Levy MlProposed Future Issues M Equipment Debt Aew Police Facility - -Total Debt Levy CERTIFICATION OF MINUTES RELATING TO $6,150,000 GENERAL OBLIGATION BONDS, SERIES 2022A Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on September 13, 2022, at 5:30 o'clock p.m., in the Council Chambers at the Hutchinson City Center. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. 15488 RESOLUTION RELATING TO $6,150,000 GENERAL OBLIGATION BONDS, SERIES 2022A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF 1, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations refer -red to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this —13th day of September, 2022. (SEAL) Matt Jaunich City Administrator 4891-3417-4497\4 The City Administrator reported that [_] ([ 1) proposals for the purchase of the $6,150,000 General Obligation Bonds, Series 2022A were received prior to 10:00 A.M., Central Time today pursuant to the Preliminary Official Statement distributed to potential purchasers of the Bonds by Ehlers & Associates, Inc., municipal advisors to the City. The bids have been read and tabulated, and the terms of each have been determined to be as follows: (See Attached) 4891-3417-4497\4 Councilmember introduced the following resolution (the "Resolution") and moved its adoption, which motion was seconded by Comicilmember RESOLUTION NO. 15488 RESOLUTION RELATING TO $6,150,000 GENERAL OBLIGATION BONDS, SERIES 2022A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council (the "Council") of the City of Hutchinson, Minnesota (the "City"), as follows: SECTION 1. RECITALS. 1.01. Authorization. By resolution adopted on June 14, 2022, this Council determined it to be in the best interest of the City to issue and sell its General Obligation Bonds, Series 2022A, consisting of CIP Bonds and Street Reconstruction Bonds (collectively the "Bonds") described below to finance the various Projects (as also described below). (a) CIP Bonds. The portion of the Bonds representing the CIP Bonds ($4,000,000) is issued pursuant to Minnesota Statutes, Section 475.521 and Chapter 475. On May 11, 2021, this Council held a public healing on the questions of approving the City's Capital Improvement Plan (the "Plan") and issuing general obligation capital improvement plan bonds in a principal amount not to exceed $16,000,000 ("CIP Bonds"), after notice duly published in the official newspaper of the City as set forth in Minnesota Statutes, Section 475.521. By resolution duly adopted on May 11, 2021, the Council approved the Plan and authorized the issuance of CIP Bonds, to finance the construction of various capital improvements identified in the Plan, including the construction of a new police facility (the "CIP Project"). No petition was filed requesting a vote on the issuance of the CIP Bonds within 30 days following the public hearing. The maximum amount of principal and. interest due on the CIP Bonds in any year, combined with the maximum debt service on all other obligations issued by the City under Minnesota Statutes, Section 475.521 (approximately $910,805), does not exceed 0.16% ($1,956,149) of the estimated market value of all taxable property in the City ($1,222,593,300). (b) Street Reconstruction Bonds. The portion of the Bonds representing the Street Reconstruction Bonds ($2,150,000) is being issued pursuant to Minnesota Statutes, 475.58 subdivision 3b and Chapter 475. The Street Reconstruction Bonds will be used to finance the cost of certain street reconstruction projects (the "Street Reconstruction Projects") described in the City's Five -Year Street Reconstruction Plan adopted by this Council, following a public hewing, on June 14, 2022. A petition requesting a vote on the question of issuing the Street Reconstruction Plan Bonds, signed by voters equal to 4891-3417-4497\4 five percent of the votes cast in the last municipal general election, was not filed with the City within 30 days of the public hearing. Accordingly, the issuance of the Street Reconstruction Plan Bonds is authorized without an election. The CIP Project and the Street Reconstruction Project are collectively referred to herein as the "Projects." Maturity schedules for each portion of the Bonds are attached hereto as Exhibit A. 1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., an independent municipal advisor ("Ehlers"), to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms of Proposal and the Official Statement prepared on behalf of the City by Ehlers, sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of [Purchaser], of [City, State] (the "Purchaser"), to purchase the Bonds at a price of $[purchase price], representing the principal amount of the Bonds plus [net] original issue [premium] of $[ ], less underwriter's discount of $[ 1, the Bonds to bear interest at the rates set forth in Section 3.02. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Administrator are hereby authorized and directed to execute a contract on the part of the City with the Purchaser for the sale of the Bonds in accordance with the Terms of Proposal. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. SECTION 2. FORM OF BONDS. The Bonds shall be prepared in substantially the form attached as Exhibit B hereto. SECTION 3. BOND TERMS. EXECUTION AND DELIVERY. 3.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota and City Charter to be done, to exist, to happen and. to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been perfonned, it is now necessary for the Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 3.02. Maturities, Interest Rates, Denominations, Payment. The Bonds shall be originally dated as of the date of issuance thereof, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on February I in the years and amounts stated below, and shall bear interest from their date of original issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: 2 4891-3417-4497\4 Year Amount Rate Year Amount 2023 2035 2024 2036 2025 2037 2026 2038 2027 2039 2028 2040 2029 2041 2030 2042 2031 2043 2032 2044 2033 2045 2034 2046 Rate Year Amount 2047 2048 2049 2050 2051 2052 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] Rate The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein, provided that so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 3.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 3.03. Dates; Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 3.07 and upon any subsequent transfer or exchange pursuant to Section 3.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable each February I and August 1, commencing August 1, 2023 (each such date, an "Interest Payment Date"), to the person in whose name the Bonds are registered on the Bond Register (as hereinafter defined) at the Registrar's close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30- day months. 3.04. Redemption. Bonds maturing in 2033 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, and if in part in such order of maturity dates as the City may select and by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000 as to Bonds maturing on the same date, on February 1, 2032, and on any date thereafter, at a price equal to the principal amount thereof plus accrued interest to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the City will cause notice of the call for redemption to be published if and as required by law, and, at least thirty (30) and not more than sixty (60) days prior to the designated redemption date, will cause notice of the call to be mailed by first class mail, to the registered owner of any Bond to be redeemed at the owner's address as it appears on the Bond Register maintained by the Registrar, provided that notice shall be given to any securities depository in accordance with its operational 4891-3417-4497\4 arrangements. No defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of such Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS — ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] Bonds maturing on February I in the years 20[_], 20[_], 20[—], and 20r 1 (the "Term Bonds") shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 3.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February I in each of the following years the following stated principal amounts of such Bonds: Term Bond due February 1, 20[ 1 Redemption Date Principal (February 1) Amount *Stated Maturity Term Bond due February 1, 20[ 1 Redemption Date (February 1) *Stated Maturity Principal Amount Notice of redemption shall be given as provided in the preceding paragraph.] 3.05. Appointment of Initial Registrar. The City hereby appoints Bond Trust Services Corporation, in Roseville, Minnesota, as the initial bond registrar, transfer agent and paying agent (the "Registrar"). The Mayor and City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the 4 4891-3417-4497\4 Registrar for the services performed. The City reserves the right to remove the Registrar upon thirty days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 3.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Resister. The Registrar shall keep at its principal corporate trust office a bond register (the "Bond Register") in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the surn or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose 5 4891-3417-4497\4 a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a, new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and City Administrator, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 3.08. Securities Depository. For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. 6 4891-3417-4497\4 "Participant" shall mean any broker -dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the sender agrees to comply with DTC's Operational Arrangements. (a) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the Bond Register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required. to be given to registered owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other purposes whatsoever, and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the Bond Register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and. interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (b) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (d) hereof DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (d) hereof (c) The execution and delivery of the Representation Letter to DTC by the Mayor or City Administrator, if not previously filed, is hereby authorized and directed.. 7 4891-3417-4497\4 (d) hi the event that any transfer or exchange of Bonds is permitted under paragraph (a) or (b) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this Resolution. hi the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this Resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. SECTION 4. SECURITY PROVISIONS. 4.01. General Obligation Bonds, Series 2022A Construction Fund.. There is hereby created a special bookkeeping fund to be designated as the "General Obligation Bonds, Series 2022A Construction Fund" (the "Construction Fund"), to be held and achninistered by the City Finance Director separate and apart from all other funds of the City. Within the Construction Fund are established the following accounts: (a) CIP Project Account. The CIP Project Account shall be credited with $[ from the proceeds from the CIP Bonds, representing the estimated cost of the CIP Project ($1 ) and costs of issuance of the CIP Bonds ($[ ). The City Administrator shall maintain the CIP Project Account until payment of all costs and expenses incurred in connection with the construction of the CIP Project and costs of issuance of the CIP Bonds have been paid. (b) Street Reconstruction Project Account. The Street Reconstruction Project Account shall be credited with $[ from the proceeds from the Street Reconstruction Bonds, representing the estimated cost of the Street Reconstruction Project ($[ ) and costs of issuance of the Street Reconstruction Bonds ($[ ). The City Administrator shall maintain the Street Reconstruction Project Account until payment of all costs and expenses incurred in connection with the construction of the Street Reconstruction Project and costs of issuance of the Street Reconstruction Bonds have been paid. From the Construction Fund there shall be paid all costs and expenses related to the construction of the Projects and costs of issuance of the Bonds. After payment of all such costs and expenses, the Construction Fund shall be terminated. All funds on hand in the Construction Fund when terminated shall be credited to the Bond Fund described in Section 4.02 hereof, unless and except as such proceeds may be transferred to some other fund or account as to which the City has received from bond counsel an opinion that such other transfer is permitted by applicable laws and does not impair the exemption of interest on the Bonds from federal income taxes. hi no event shall funds remain in the Project Fund later than October 6, 2025. 4.02. General Obligation Bonds, Series 2022A Bond Fund.. The Bonds shall be payable from a separate General Obligation Bonds, Series 2022A Bond Fund (the "Bond Fund") of the City, which shall be created and maintained on the books of the City as a separate debt redemption fund until the Bonds, and all interest thereon, are fully paid. Within the Debt Service Account (described below) within the Bond Fund are established the following subaccounts: 8 4891-3417-4497\4 (a) CIP Bonds Subaccount. There shall be credited to the CIP Bonds subaccount the following: (i) the amounts specified in Section 4.01 above, after payment of all costs of the CIP Project; (ii) taxes levied and collected in accordance with this Resolution and allocable to the CIP Bonds; and (iii) any other funds appropriated by this Council for the payment of the CIP Bonds. (b) Street Reconstruction Bonds Subaccount. There shall be credited to the Street Reconstruction Bonds subaccount the following: (i) the amounts specified in Section 4.01 above, after payment of all costs of the Street Reconstruction Project; (ii) special assessments levied and collected in accordance with this Resolution; (iii) taxes levied and collected in accordance with this Resolution and allocable to the Street Reconstruction Bonds; and (iv) any other funds appropriated by this Council for the payment of the Street Reconstruction Bonds. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one -twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the City Finance Director shall promptly transfer the ainount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the City Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Account when the balance therein is sufficient, and the City covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional, statutory or charter limitation. 9 4891-3417-4497\4 4.03. Pledge of Taxing Power. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which, together with the collections of other amounts as set forth in Section 4.02, will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City, the taxes to be levied and collected in the following years and amounts: Levy Years Collection Years Amount See attached schedules The taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies from other legally available funds, in accordance with the provisions of Minnesota Statutes, Section 475.61. 4.04. Levy of Special Assessments. For the payment of a portion of the cost of the Street Reconstruction Project financed by the Street Reconstruction Bonds, the City has levied special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel. In the event that any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or this Council or any of the City's officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the City and this Council hereby covenant and agree that they will forthwith do all such farther acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. SECTION 5. DEFEASANCE. When all of the Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms by depositing with the Registrar on or before that date an amount equal to the principal, redemption premium, if any, and interest then due, provided. that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an 10 4891-3417-4497\4 earlier designated redemption date. If such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City must have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 6. REGISTRATION, CERTIFICATION OF PROCEEDINGS, INVESTMENT OF MONEYS. ARBITRAGE AND OFFICIAL STATEMENT. 6.01. Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod County, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the Bonds have been entered on such Auditor's bond register and that the tax required for the payment thereof has been levied and filed as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as other -wise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the hiternal Revenue Code of 1986, as amended (the "Code"), and Regulations promulgated thereurider (the "Regulations"), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The Projects will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, use or other agreement with any non -governmental person relating to the use of such improvements or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" within the meaning of Section 141 of the Code. 6.04. Arbitrage Certification. The Mayor and City Administrator, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b)(2) of the Regulations, stating the facts and estimates in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations. 11 4891-3417-4497\4 6.05. Arbitrage Rebate. The City acknowledges that the Bonds may be subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 6.06. Qualified Tax Exempt Obligations. The City Council hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax-exempt governmental obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities during calendar year 2022 does not exceed. $10,000,000. 6.07. Official Statement. The Official Statement relating to the Bonds, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is hereby approved. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 6.08. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Projects which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that a declaration of official intent shall not be required (i) with respect to certain de minimis expenditures, if any, with respect to the financed facilities meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to "preliminary expenditures" for the financed facilities as defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds. SECTION 7. CONTINUING DISCLOSURE. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule"), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated. person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant 12 4891-3417-4497\4 contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, "Beneficial Owner" means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before twelve (12) months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2022, the following financial information and operating data in respect of the City (the "Disclosure Information"): (A) the audited financial statements of the City for such fiscal year, prepared in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: Current Property Valuations, Direct Debt, Tax Levies and Collections, us Census Data/Population Trend, and Employment/Unemployment Data, which information may be unaudited. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to the Municipal Securities Rulemaking Board ("MSRB") through its 13 4891-3417-4497\4 Electronic Municipal Market Access System ("EMMA") or to the SEC. If the document incorporated by reference is a final official statement, it must be available from the MSRB. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect, provided., however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted. by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a, timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events (each, a "Material Fact"): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; (G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; (1) Defeasances.- (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or similar event of the obligated person; (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated. person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; 14 4891-3417-4497\4 (N ,N) Appointment of a successor or additional trustee or the change of name of a trustee, if material; (0) Incurrence of a financial obligation of the obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the obligated person, any of which affect security holders, if material; and (P) Default, event of acceleration, termination event, modification of terms, or other similar events under the teens of a. financial obligation of the obligated person, any of which reflect financial difficulties. For purposes of the events identified in paragraphs (0) and (P) above, the term "financial obligation" means (i) a debt obligation; (ii) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) a guarantee of (i) or (ii). The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. As used herein, for those events that must be reported if material, an event is "material" if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also "material" if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); 15 4891-3417-4497\4 (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term, Amendments, Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment, or supplement does not materially impair the interests of the Bondowners under the Rule. 16 4891-3417-4497\4 If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 8. AUTHORIZATION OF PAYMENT OF CERTAIN COSTS OF ISSUANCE OF THE BONDS. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Wells Fargo Bank, National Association on the closing date for further distribution as directed by the City's municipal advisor, Ehlers & Associates, Inc. 17 4891-3417-4497\4 Attest: Mayor City Administrator The motion for the adoption of the foregoing resolution was duly seconded by Councilmember . and upon vote being taken thereon, the following Councilmembers voted in favor thereof: and the following Councilmembers voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Administrator. 18 4891-3417-4497\4 EXHIBIT A Maturity Schedules CIP Bonds Street Reconstruction Total Bonds 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 B-1 4891-3417-4497\4 R-15488 EXHIBIT B Form of Bond UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF MCLEOD CITY OF HUTCHINSON GENERAL OBLIGATION BOND, SERIES 2022A Interest Rate Maturity Date Date of Original Issue % February 1, 20 October 6, 2022 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF HUTCHINSON, McLeod County, Minnesota (the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, or registered assigns, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date of original hereof specified above at the annual rate specified above computed on the basis of a 360-day year consisting of twelve 30-day months, payable on February I and August I in each year, commencing August 1, 2023, to the person in whose name this Bond is registered 91 at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar described below, the principal hereof are payable in lawful money of the United States of America drawn on Bond Trust Services Corporation, in Roseville, Minnesota, as bond registrar, transfer agent and paying agent (the "Registrar"), or its successor designated under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue in the aggregate principal amount of $[PAR] (the "Bonds"), all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity date, issued pursuant to a resolution adopted by the City Council on September 13, 2022 (the "Resolution") to pay the cost of construction of various street improvements and capital improvement projects in the City and is issued pursuant to and in full conformity with the provisions of the City Charter and Constitution and laws of the State of Minnesota thercunto enabling, including Minnesota Statutes, Sections 475.521, 475.58 subdivision 3b and Chapter 475. For the full and prompt payment of the principal of and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully registered form, in the denomination of $5,000 or any integral multiple thereof, of single maturities. B-I 4891-3417-4497\4 Bonds maturing in the years 2033 and thereafter are each subject to redemption and prepayment, at the option of the City and in whole or in part and if in part, in the maturities selected by the City and by lot, assigned in proportion to their principal amount, within any maturity, on February 1, 2032 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the City will cause notice of the call for redemption to be published if and as required by law, and, at least thirty days prior to the designated redemption date, will cause notice of the call to be mailed by first class mail (or, if applicable, provided in accordance with the operational arrangements of the bond depository), to the registered owner of any Bond to be redeemed at the owner's address as it appears on the Bond Register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of such Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS - ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing in the years 20 and 20 shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on February I in each of the years shown below, in an amount equal to the following principal amounts: Tenn Bonds Maturing in 20 Sinking Fund Payment Date (final maturity) Aggregate Principal Amount Term Bonds Maturing in 20 Sinking Fund Payment Date (final maturity) Notice of redemption shall be given as provided in the preceding paragraph.] Aggregate Principal Amount As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, hearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or goverriniental charge required to be paid with respect to such transfer or exchange. The Bonds have been designated as "qualified tax-exempt obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. B-2 4891-3417-4497\4 The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has by the Resolution levied or agreed to levy special assessments on property specially benefitted by certain improvements and covenanted and agreed to collect and apply to payment of the Bonds ad valorem taxes levied on all taxable property in the City are estimated to be collectible in years and amounts sufficient to produce sums not less than 5% in excess of the principal of and interest on the Bonds when due, and has appropriated such taxes and assessments to its General Obligation Bonds, Series 2022A Bond Fund for the payment of such principal and interest; that if necessary for the payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the projects financed by this Bond have been or will be taken according to law and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by manual signature of the authorized representative of the Bond Registrar. B-3 4891-3417-4497\4 IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Administrator and has caused this Bond to be dated as of the date set forth below. CITY OF HUTCHINSON, MINNESOTA (Facsimile Signature City Administrator) (Facsimile Signature Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION, as Registrar L-In Authorized Representative B-4 4891-3417-4497\4 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM --as tenants in common UTMA ................. as Custodian for .................. (Cost) (minor) TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act ........................... (State) JT TEN --as Joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all nights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond., with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assigninent must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Please insert social security or other identifying number of assignee: B-5 4891-3417-4497\4 Exhibit C PROJECTED TAX LEVIES AND ASSESSMENTS [To Come] 4891-3417-4497\4 CERTIFICATE OF COUNTY AUDITOR AS TO REGISTRATION AND TAX LEVY 1, the undersigned, being the duly qualified and acting County Auditor of McLeod County, Minnesota, hereby certify that there has been filed in my office a certified copy of a resolution adopted September 13, 2022, by the City Council of the City of Hutchinson, Minnesota, setting forth the form and details of an issue of $[PAR] General Obligation Bonds, Series 2022A, dated as of October 6, 2022, and levying taxes for the payment thereof. I further certify that the bond issue has been entered on my bond register and the tax required by law for payment of the Bonds has been levied and filed, as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal this day of 92022. McLeod County Auditor (SEAL) 4891-3417-4497\4 CERTIFICATION OF MINUTES RELATING TO $1 RN k �5,885,000 GENERAL OBLIGATION BONDS, SERIES 2022A Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on September 13, 2022, at 5:30 o'clock p.m., in the Council Chambers at the Hutchinson City Center. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. 15488 RESOLUTION RELATING TO $fAkRj5 885,000 GENERAL OBLIGATION BONDS, SERIES 2022A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of September, 2022. (SEAL) Matt Jaunich City Administrator 489 1 -34 � / 449T44891-3417-4497\6 The City Administrator reported that �� five (� �5) proposals for the purchase of the $ 4 5 885,000 General Obligation Bonds, Series 2022A were received prior to [10:00 A.M. �, Central Time today pursuant to the Preliminary Official Statement distributed to potential purchasers of the Bonds by Ehlers & Associates, Inc., municipal advisors to the City. The bids have been read and tabulated, and the terms of each have been determined to be as follows: (See Attached) 4891-34 � / 449'T44891-3417-4497\6 mmmmmmmmmmmmmmmmmmm 111111111111111111M IRV, H L E R S BIDTABULATION $6,,1,000* General Obfigation Bonds, Series 2022A City, of Hutchinson, Minnesota SALE, Septtembef'13, 2G22 AWARD: BAIRD Raling� S&P Global Ratings "AA2 Tax Exempt - Bank Qualified NET TRITE XL�TI=l' REOFFERING EVaRFST INTEREST N-AAEE OF BIDDER (Fibrunil- 11 RATE I= PRICE COST RATE BAIRD $6,46-1,614-20 S3,117,33&55 3,8114% Wwauk-ee, Wixansm 2024, 5-010014 2.570% C.L Ying & Ansociato, 2025, 5-0010$' 2.5901% Caffien Seninfies LLC 2026 5MO% 2.61101% Edwat-d Jone—, 2:02,7 5-6w% 2.670% Ftdelity C*tal Nfarket 2 02 8 5,01001". 2.7300% Crews & Associates, Inc. 2029 5MO14 2.780% Davenport & Co. LL C 20,0 5L00% lgf�O% Loop Capital Markets 20,11 5 OM, 195D% Comiry Club Batik 2032 5 00094 3.000% Oppenheune!i & 'Co- 2033 5.M% 3.150% Si uza Pacific Semit-aties 2CY341 40000N, 14M,,'a Celadon Finmci2l Goup, LLC 201351 4-0100% '31.400% haak Band Imestuents, Inc 20361 4M0% 3.600% Cut°& Czmpawy, Inc. 2037 2 4010101,. 3.600% UhfB BankjI.A RBC Captal Maiket 203 S' 4 �000%' 3.950% Wm hust Investiimnts. I I C 29-19" 40W5a 3.950�,,a FMS Bonds Inc. 2r443 4MO% 3.950% Fumst Kentucky Secmhes Corp 20411 4 00094 3.950% Nfiffiand Secmties 22" 4 OWl's 3.95,Vo Multi B=k Seemter lix 2043' 4 . 112-5 9,,1 4.1251N. Fw,A Southern LLC- 204,* 4 125% 4.125% Dinosam Semifie-, 2045' 41251N. 4.125%46 Fu-,t Banker s'Banc Seew.-iftes, hkL. 2046" 4. 125% 4.125' 46 Mountaiwide Secuntes 3 LC 2�4347' 41259%a 4.125°,'a StomeXfuiancialluc. 2048' 42500,4 4-2510% CDinm erce &-mk, N-A. 204'9-5 4-25,00;4 4.2500% Supcit 'Global Secuntien, LIC 20505 4.25,V,z 4-259,'' 2051' 4-2500,,e 4.25,0% 2052' 4.250% 4.250% Subsequent to bid opening , the ivnie size was decreased to'S5,885,000. Adjusted. Fxice - $6,173,031.27 Adjusted NetInterest Cost - $3,061,920.95 Adjiusted TIC - 3 8271% H 'l i,I"" I Nir, rNAA 1'IIONA 1 V *-, S 5 'iV H A P "I W f,' )m r I "PN f: 0 111 489 1 -34 �7 449T44891-3417-4497\6 NET TWIT REOFFERENG TEREST r.N-TEREST NAXIE OF BIDDER (Febvuax71) RATE IULD PRICE COST RATE 1$6201000,'Term Bond due 2:03.5 wifli nimuhtoiT. redemption in 2034, '$530,(W Term Bond due 037 with rmndal'or 2 y redemption in 2036, '$695,M Term Band dime 2042',Lvith mmidatory redemption in 2038-2041 1$610,00'Term Bond due 2,047 with mandMoi7� redemption in 2043-2046. m $755.M'Term Bond due 2052 ivifli muldatory redemption m 2048-2051. P= SANDLER& CO3 $6,307,450,95 $3,123,794-51 3M,03% Mumeapolin, Nfimesota NORTHLAIZ SECURITIES, D3C $67444,039.,95 $3,164,314 22 3. 594% Mmneapohs, Niu-menota HU-LT0PSD,-LT=.S $6,242,829.10 $3.,161,552,50 3.92353;e DaHas7, Temm STIFEL, INTICOLAUS $6,193,1631.05 $3,142,699,39 3,924419,"o, Bum=Ozm, Alabama Bid Tabulation September 13, 2022 Cftv of Hutclunsou� MhuiesDta Page 2 Ki 50.000,* General Obkgatiun Bonds, Sehe-� 2022A iA 489 1 -34 �7 449T44891-3417-4497\6 Councilmember introduced the following resolution (the "Resolution") and moved its adoption, which motion was seconded by Councilmember RESOLUTION NO. 15488 RESOLUTION RELATING TO $R_ 5,885,000 GENERAL OBLIGATION BONDS, SERIES 2022A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council (the "Council") of the City of Hutchinson, Minnesota (the "City"), as follows: SECTION 1. RECITALS. 1.01. Authorization. By resolution adopted on June 14, 2022, this Council determined it to be in the best interest of the City to issue and sell its General Obligation Bonds, Series 2022A, consisting of CIP Bonds and Street Reconstruction Bonds (collectively the "Bonds") described below to finance the various Projects (as also described below). (a) CIP Bonds. The portion of the Bonds representing the CIP Bonds ($J-----3,905,000) is issued pursuant to Minnesota Statutes, Section 475.521 and Chapter 475. On May 11, 2021, this Council held a public hearing on the questions of approving the City's Capital Improvement Plan (the "Plan") and issuing general obligation capital improvement plan bonds in a principal amount not to exceed $16,000,000 ("CIP Bonds"), after notice duly published in the official newspaper of the City as set forth in Minnesota Statutes, Section 475.521. By resolution duly adopted on May 11, 2021, the Council approved the Plan and authorized the issuance of CIP Bonds, to finance the construction of various capital improvements identified in the Plan, including the construction of a new police facility (the "CIP Project"). No petition was filed requesting a vote on the issuance of the CIP Bonds within 30 days following the public hearing. The maximum amount of principal and interest due on the CIP Bonds in any year, combined with the maximum debt service on all other obligations issued by the City under Minnesota Statutes, Section 475.521 (approximately $910,805), does not exceed 0.16% ($1,956,149) of the estimated market value of all taxable property in the City ($1,222,593,300). (b) Street Reconstruction Bonds. The portion of the Bonds representing the Street Reconstruction Bonds ($ 1,980,000 is being issued pursuant to Minnesota Statutes, 475.58 subdivision 3b and Chapter 475. The Street Reconstruction Bonds will be used to finance the cost of certain street reconstruction projects (the "Street Reconstruction Projects") described in the City's Five -Year Street Reconstruction Plan adopted by this Council, following a public hearing, on June 14, 2022. A petition requesting a vote on the question of issuing the Street Reconstruction Plan Bonds, signed 4891-34 � / 449T44891-3417-4497\6 by voters equal to five percent of the votes cast in the last municipal general election, was not filed with the City within 30 days of the public hearing. Accordingly, the issuance of the Street Reconstruction Plan Bonds is authorized without an election. The CIP Project and the Street Reconstruction Project are collectively referred to herein as the "Projects." Maturity schedules for each portion of the Bonds are attached hereto as Exhibit A. 1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., an independent municipal advisor ("Ehlers"), to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms of Proposal and the Official Statement prepared on behalf of the City by Ehlers, sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of of Sta e &bert W. Baird & Co. Inc. of Milwaukee Wisconsin (the "Purchaser"), to purchase the Bonds at a price of $ 6,173, 331.27, representing the principal amount of the Bonds plus iiefl...-original issue �premium� of $� �366, 332.15, less underwriter's discount of $ 7 0000.88, the Bonds to bear interest at the rates set forth in Section 3.02. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Administrator are hereby authorized and directed to execute a contract on the part of the City with the Purchaser for the sale of the Bonds in accordance with the Terms of Proposal. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. SECTION 2. FORM OF BONDS. The Bonds shall be prepared in substantially the form attached as Exhibit B hereto. SECTION 3. BOND TERMS, EXECUTION AND DELIVERY. 3.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota and City Charter to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 3.02. Maturities, Interest Rates, Denominations, Payment. The Bonds shall be originally dated as of the date of issuance thereof, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from their date of original issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: 2 4 8 4 � 141 4497ti4 4891-3417-449716 Year Amount Rate 2023... 2024 $75,000 5.000% 2025 285,000 5.000 2026 280,000 5.000 2027 215,000 5.000 2028 260,000 5.000 2029 315,000 5.000 2030 260,000 5.000 2031 315,000 5.000 2032 335,000 5.000 2033 345,000 5.000 2034. Year 2035.... 2W 20 35 2037 2W 20 42 :2.0.4 20 47 2040 20 52 2041.. 2042 2043. 2044. 2045 2046. Amount Rate "eaf Ani(+t4nt 2047 $620,000 4.000% 2048. 530,000 4.000 .2049 685,000 4.000 2050 610,000 4.125 .205..4 755,000 4.250 2052 13I ViSI 43,4 1.1i i'::i °�' SGH4i2WI1 [ FOR 4?42' i ry M 514 T5 0.:�. EM The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein, provided that so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 3.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 3.03. Dates; Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 3.07 and upon any subsequent transfer or exchange pursuant to Section 3.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable each February 1 and August 1, commencing August 1, 2023 (each such date, an "Interest Payment Date"), to the person in whose name the Bonds are registered on the Bond Register (as hereinafter defined) at the Registrar's close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 3 4 8 4 � 141 4497ti4 4891-3417-4497\6 3.04. Redemption. Bonds maturing in 2033 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, and if in part in such order of maturity dates as the City may select and by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000 as to Bonds maturing on the same date, on February 1, 2032, and on any date thereafter, at a price equal to the principal amount thereof plus accrued interest to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the City will cause notice of the call for redemption to be published if and as required by law, and, at least thirty (30) and not more than sixty (60) days prior to the designated redemption date, will cause notice of the call to be mailed by first class mail, to the registered owner of any Bond to be redeemed at the owner's address as it appears on the Bond Register maintained by the Registrar, provided that notice shall be given to any securities depository in accordance with its operational arrangements. No defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of such Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. WOVIP17FTF, [4IF F101 i.��*i ri??��..i4��i ri i��N i�:::iii�,��i, 4��:x iPBi BONDS.... INDD INPPITIONINIPROVISIONSiF i 1112R12...INRI , ? ORI21 i"i 11 Ted IWO I,f;Rm l Ol PSf Bonds maturing on February l in the years 2I 1 q I h qo. 12035 2037 2042 2047, and � ]2052 (the "Term Bonds") shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 3.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: Redemption Date Principal (February 1) Amount *Stated Maturity 4 4,',W�44-9);�,4. 4891-3417-4497\6 Redemption Date Principal (February 1) Amount 2048 $140, 000 2049 ' 145 000 2050 150 000 2051 155 Q00 2052* 16� 5 000 *Stated Maturity Notice of redemption shall be given as provided in the preceding paragraph. � 3.05. Appointment of Initial Registrar. The City hereby appoints Bond Trust Services Corporation, in Roseville, Minnesota, as the initial bond registrar, transfer agent and paying agent (the "Registrar"). The Mayor and City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon thirty days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 3.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register (the "Bond Register") in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall 5 4 8 4 � 141 4497ti4 4891-3417-449716 authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 31 4 8 4 � 141; 4497ti4 4891-3417-449716 3.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and City Administrator, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 3.08. Securities Depository. For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker -dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the sender agrees to comply with DTC's Operational Arrangements. (a) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the Bond Register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other purposes whatsoever, and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the Bond Register as being a 7 4 8 4 � 141 4497ti4 4891-3417-449716 registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (b) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (d) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (d) hereof. (c) The execution and delivery of the Representation Letter to DTC by the Mayor or City Administrator, if not previously filed, is hereby authorized and directed. (d) hi the event that any transfer or exchange of Bonds is permitted under paragraph (a) or (b) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this Resolution. hi the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this Resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. SECTION 4. SECURITY PROVISIONS. 4.01. General Obligation Bonds, Series 2022A Construction Fund. There is hereby created a special bookkeeping fund to be designated as the "General Obligation Bonds, Series 2022A Construction Fund" (the "Construction Fund"), to be held and administered by the City Finance Director separate and apart from all other funds of the City. Within the Construction Fund are established the following accounts: 8 4 8 4 � 141 4497ti4 4891-3417-449716 (a) CIP Project Account. The CIP Project Account shall be credited with $1 �4,054,276.89 from the proceeds from the CIP Bonds, representing the estimated cost of the CIP Project ($ 4,00$,034.66) and costs of issuance of the CIP Bonds N J46, 442.2 . The City Administrator shall maintain the CIP Project Account until payment of all costs and expenses incurred in connection with the construction of the CIP Project and costs of issuance of the CIP Bonds have been paid. (b) Street Reconstruction Project Account. The Street Reconstruction Project Account shall be credited with $I: �2,118,754.3$ from the proceeds from the Street Reconstruction Bonds, representing the estimated cost of the Street Reconstruction Project N ]2,095,307.61) and costs of issuance of the Street Reconstruction Bonds ($1--------423,446.77). The City Administrator shall maintain the Street Reconstruction Project Account until payment of all costs and expenses incurred in connection with the construction of the Street Reconstruction Project and costs of issuance of the Street Reconstruction Bonds have been paid. From the Construction Fund there shall be paid all costs and expenses related to the construction of the Projects and costs of issuance of the Bonds. After payment of all such costs and expenses, the Construction Fund shall be terminated. All funds on hand in the Construction Fund when terminated shall be credited to the Bond Fund described in Section 4.02 hereof, unless and except as such proceeds may be transferred to some other fund or account as to which the City has received from bond counsel an opinion that such other transfer is permitted by applicable laws and does not impair the exemption of interest on the Bonds from federal income taxes. In no event shall funds remain in the Project Fund later than October 6, 2025. 4.02. General Obligation Bonds, Series 2022A Bond Fund. The Bonds shall be payable from a separate General Obligation Bonds, Series 2022A Bond Fund (the `Bond Fund") of the City, which shall be created and maintained on the books of the City as a separate debt redemption fund until the Bonds, and all interest thereon, are fully paid. Within the Debt Service Account (described below) within the Bond Fund are established the following subaccounts: (a) CIP Bonds Subaccount. There shall be credited to the CIP Bonds subaccount the following: (i) the amounts specified in Section 4.01 above, after payment of all costs of the CIP Project; (ii) taxes levied and collected in accordance with this Resolution and allocable to the CIP Bonds; and (iii) any other funds appropriated by this Council for the payment of the CIP Bonds. (b) Street Reconstruction Bonds Subaccount. There shall be credited to the Street Reconstruction Bonds subaccount the following: (i) the amounts specified in Section 4.01 above, after payment of all costs of the Street Reconstruction Project; 9 4 8 4 � 141 4497ti4 4891-3417-449716 (ii) special assessments levied and collected in accordance with this Resolution; (iii) taxes levied and collected in accordance with this Resolution and allocable to the Street Reconstruction Bonds; and (iv) any other funds appropriated by this Council for the payment of the Street Reconstruction Bonds. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one -twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the City Finance Director shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the City Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Account when the balance therein is sufficient, and the City covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional, statutory or charter limitation. 4.03. Pledge of Taxing Power. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which, together with the collections of other amounts as set forth in Section 4.02, will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City, the taxes to be levied and collected in the following years and amounts: Levy Years Collection Years Amount See attached schedules The taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies from other legally available funds, in accordance with the provisions of Minnesota Statutes, Section 475.61. 4.04. Lew of Special Assessments. For the payment of a portion of the cost of the Street Reconstruction Project financed by the Street Reconstruction Bonds, the City has levied special 10 481,) 141 4497ti4 4891-3417-449716 assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel. In the event that any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or this Council or any of the City's officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the City and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. SECTION 5. DEFEASANCE. When all of the Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms by depositing with the Registrar on or before that date an amount equal to the principal, redemption premium, if any, and interest then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an earlier designated redemption date. If such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City must have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 6. REGISTRATION, CERTIFICATION OF PROCEEDINGS, INVESTMENT OF MONEYS, ARBITRAGE AND OFFICIAL STATEMENT. 6.01. Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod County, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the Bonds have been entered on such Auditor's bond register and that the tax required for the payment thereof has been levied and filed as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the Purchaser, and 11 481,) 141 4497ti4 4891-3417-449716 to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and Regulations promulgated thereunder (the "Regulations"), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The Projects will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, use or other agreement with any non -governmental person relating to the use of such improvements or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" within the meaning of Section 141 of the Code. 6.04. Arbitrage Certification. The Mayor and City Administrator, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b)(2) of the Regulations, stating the facts and estimates in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations. 6.05. Arbitrage Rebate. The City acknowledges that the Bonds may be subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 6.06. Qualified Tax Exempt Obligations. The City Council hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax-exempt governmental obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities during calendar year 2022 does not exceed $10,000,000. 6.07. Official Statement. The Official Statement relating to the Bonds, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is hereby approved. The officers 12 4 8 4 � 141; 4497ti4 4891-3417-449716 of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 6.08. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Projects which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that a declaration of official intent shall not be required (i) with respect to certain de minimis expenditures, if any, with respect to the financed facilities meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to "preliminary expenditures" for the financed facilities as defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds. SECTION 7. CONTINUING DISCLOSURE. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule"), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, `Beneficial Owner" means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: 13 4 8 4 � 141 4497ti4 4891-3417-449716 (1) on or before twelve (12) months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2022, the following financial information and operating data in respect of the City (the "Disclosure Information"): (A) the audited financial statements of the City for such fiscal year, prepared in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: Current Property Valuations, Direct Debt, Tax Levies and Collections, US Census Data/Population Trend, and Employment/Unemployment Data, which information may be unaudited. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to the Municipal Securities Rulemaking Board ("MSRB") through its Electronic Municipal Market Access System ("EMMA") or to the SEC. If the document incorporated by reference is a final official statement, it must be available from the MSRB. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect, provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. 14 4 8 4 � 141 4497ti4 4891-3417-449716 (2) hi a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events (each, a "Material Fact"): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; (G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or similar event of the obligated person; (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (N) Appointment of a successor or additional trustee or the change of name of a trustee, if material; (0) Incurrence of a financial obligation of the obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the obligated person, any of which affect security holders, if material; and (P) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the obligated person, any of which reflect financial difficulties. For purposes of the events identified in paragraphs (0) and (P) above, the term "financial obligation" means (i) a debt obligation; (ii) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) a guarantee of (i) or (ii). The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. 15 4 8 4 � 141 4497ti4 4891-3417-449716 As used herein, for those events that must be reported if material, an event is "material" if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also "material" if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation. 16 481,) 141 4497ti4 4891-3417-449716 (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 8. AUTHORIZATION OF PAYMENT OF CERTAIN COSTS OF ISSUANCE OF THE BONDS. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Wells Fargo Bank, National Association on the closing date for further distribution as directed by the City's municipal advisor, Ehlers & Associates, Inc. 17 481,) 141 4497ti4 4891-3417-449716 Attest: Mayor City Administrator The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following Councilmembers voted in favor thereof: and the following Councilmembers voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Administrator. 18 481,) 141 4497ti4 4891-3417-449716 EXHIBIT A Maturity Schedules CIP Bonds Street Reconstruction Total Bonds 2023 ®® -- 2024 $ 75,000 $ 75,000 2025 $ 180,000 105,000 285,000 2026 170,000 110,000 280,000 2027 100,000 115,000 215,000 2028 140,000 120,000 260,000 2029 190,000 125,000 315,000 2030 130,000 130,000 260,000 2031 180,000 135,000 315,000 2032 190,000 145,000 335,000 2033 195,000 150,000 345, 000 2034 175,000 140,000 315,000 2035 155,000 150,000 305,000 2036 115,000 155,000 270,000 2037 100,000 160,000 260,000 2038 100,000 165,000 265, 000 2039 105,000 ®® 105,000 2040 100,000 - I 000,000 2041 105,000 -- 105,000 2042 110,000 - I I 0 00,000 2043 115,000 -- 115,000 2044 120,000 -- 120,000 2045 120,000 ®® 120,000 2046 125,000 -- 125,000 2047 130,000 -- 130,000 2048 140,000 -- 140,000 2049 145,000 -- 145, 000 2050 150,000 - 150, 000 2051 155,000 -- 155, 000 2052 165,000 - 165, 000 Total 3 9� ___-S _Q_4_ 1�`� 4, B-1 48l,) 141 4497ti4 4891-3417-4497\6 EXHIBIT B Form of Bond UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF MCLEOD CITY OF HUTCHINSON GENERAL OBLIGATION BOND, SERIES 2022A Interest Rate REGISTERED OWNER: PRINCIPAL AMOUNT Maturity Date February 1, 20 CEDE & CO. THOUSAND DOLLARS Date of Original Issue October 6, 2022 THE CITY OF HUTCHINSON, McLeod County, Minnesota (the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, or registered assigns, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date of original hereof specified above at the annual rate specified above computed on the basis of a 360-day year consisting of twelve 30-day months, payable on February 1 and. August 1 in each year, commencing August 1, 2023, to the person in whose name this Bond is registered. at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar described below, the principal hereof are payable in lawful money of the United. States of America drawn on Bond. Trust Services Corporation, in Roseville, Minnesota, as bond. registrar, transfer agent and paying agent (the "Registrar"), or its successor designated under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue in the aggregate principal amount of $I ANPJ5 885 000 (the `Bonds"), all of like date and tenor except as to serial number, interest rate, redemption privilege and. maturity date, issued pursuant to a resolution adopted by the City Council on September 13, 2022 (the "Resolution") to pay the cost of construction of various street improvements and capital improvement projects in the City and is issued pursuant to and in full conformity with the provisions of the City Charter and. Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Sections 475.521, 475.58 subdivision 3b and. Chapter 475. For the full and prompt payment of the principal of and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully registered form, in the denomination of $5,000 or any integral multiple thereof, of single maturities. B-1 4 8 4 � 141 4497ti4 4891-3417-4497\6 Bonds maturing in the years 2033 and thereafter are each subject to redemption and prepayment, at the option of the City and in whole or in part and if in part, in the maturities selected by the City and. by lot, assigned in proportion to their principal amount, within any maturity, on February 1, 2032 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued. to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated. maturity date, the City will cause notice of the call for redemption to be published if and as required by law, and, at least thirty days prior to the designated redemption date, will cause notice of the call to be mailed by first class mail (or, if applicable, provided in accordance with the operational arrangements of the bond depository), to the registered owner of any Bond to be redeemed at the owner's address as it appears on the Bond Register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected. by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of such Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. C.:PIWTiSllON IIF _111;]ZCA]Z TEIZA1 ONDS- �� Bonds ➢natgi4➢ng in Pi 20 and 20 ,ugfl;fll be si�tddj.;1.,t to lfffldato➢ �..fedem'p iiefi, at 4�ede4np boll pfiee..-eEpW ti3 flee4 piill ij'W afnolin(Pkis intefe"4 actin ed ('hei�eoll to tile 4�edfflpt ill gate p4f�effikffl; OR pebf� liajjyp jn eaell 61, j4mn �Ieaf�s siho4�,'wi bek)W; un anaffietint eElti�d io tile 16ppOInpn'g p filleip "d aMo1 4S:: Sinking innd Redemption Date Aggregate Principal Amount sinlli.ing Flifid R.ft5ffie p Redemption Date *,51aie *,51aiecd�p cd Matur ity B-2 4 8 4 � 141 4497ti4 4891-3417-4497\6 ggrega(e Principal Amount (4iRal ina,kf ity) (4ifial matui4y:) Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond. Registrar, by the registered. owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond. Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The Bonds have been designated as "qualified tax-exempt obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. The City and the Bond. Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond. Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and. interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has by the Resolution levied or agreed to levy special assessments on property specially benefitted by certain improvements and covenanted and agreed to collect and apply to payment of the Bonds ad valorem taxes levied on all taxable property in the City are estimated to be collectible in years and amounts sufficient to produce sums not less than 5% in excess of the principal of and interest on the Bonds when due, and has appropriated such taxes and assessments to its General Obligation Bonds, Series 2022A Bond. Fund for B-3 481,) 141 441,4ti4 4891-3417-4497\6 the payment of such principal and interest; that if necessary for the payment of such principal and. interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the projects financed by this Bond. have been or will be taken according to law and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and. delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by manual signature of the authorized representative of the Bond. Registrar. B-4 481,) 141 4497ti4 4891-3417-4497\6 IN WITNESS WHEREOF, the City of Hutchinson, McLeod. County, State of Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Administrator and has caused this Bond to be dated as of the date set forth below. CITY OF HUTCHINSON, MINNESOTA (Facsimile Signature City Administrator) (Facsimile Signature Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION, as Registrar Authorized. Representative B-5 4 8 4 � 141 4497ti4 4891-3417-4497\6 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM --as tenants in common UTMA ................. as Custodian for .................. (Cust) (Minor) TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act ........................... (State) JT TEN --as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said. Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Please insert social security or other identifying number of assignee: B-6 4 8 4 � 141 4497ti4 4891-3417-4497\6 Exhibit C PROJECTED TAX LEVIES AND ASSESSMENTS TAX LEVY CALCULATION Issue ID# 340909 City of (Hutchinson, MN Dated Date, 10/6/2022 $S,885,000 General Obligation Bonds, Series 2022A Call Date: 2/1/2032 $3,9,05,000 CIP Portion Tax Tax Bond Levy Collect Pay Year Year Year Total P & 11 p & l (FL) 105% Net Levy 2022 2023 20,24 229,05 5,.56 240,50834 240,50,934 2023, 2024 2025 353AM00 3171,280.00 3,71,280,,00, 2024 2025 20,26 334,60M,0 351,330.00 351,33M,0 20,25, 2026, 2027 256j=00 Z68,905.00 268,9015.OiO 2026 2027 20,28 291,10M,0 305,655.00 305,655M 20�27 2028 202,19 334,100.00 3,50,W5.00 350,805.00 2028 2029 20,30 264,600,,0,0 277,830.00 277,83M,0 ?Q29 203b 2031 3,08,100,,00 32,3,505.00 323,505.,bO 2030 2031 20,32 309,10M,0 324,555.00 324,55,5.0,0 2031 2032 2033 304,,600,00 319,830M 3,19,830.00 2032 2033 2034 274,85M,0 28,9,592.5-0 288,59150 2Q3 3 2034 20135 2,47,8510.00 260i242.50 260j242-50 2034 2035 20,36 201,65G.00 211,732.5,0 211,732.50 2035 2:036 .2CM37 1,82;05,0.010 19111152.50 19,111,52.50 2036 2037 2038 178,05M,0 186,952.5,0 186,95,2.50 ,203,7 2,038, 2039 175 ' 0,5,0.00 '188,002.50 la&,002,50 2038 2039 2040 169,85M,0 179,342.5,0 178,34150 2039 204111 2B41 17Q,050X0 179,392.50 '179,392.50 2040 2041 2042 171,,650,.00 180,232.50 180,232.50 2,041 2042, 2)0143 172,25,,U0 180,8,62.'50 2042 2043 2044 172,506.26 181,131.57 181,131,57 ,2043 2044, 2045 167,556.26:, 175,,9,34.'07 175,934.07 2044 2045 20,46 167,606.26 175,986.57 175,986,57 2045,, 2 46 M 2047 1674450�010, 1751,822.50 175,82150 2046 2047 2048 172,,0,97.50 136,691.33 180,691M 2047 2048, 2049 171,137,50 179,619439 2048 2049 2050 169,975,.010 178,473.75, 178,47175 104,91 205(0,, 2051 168,600.00 177,030.00 177,FO30.,00, 2050 2051 20,52 172,012,50 180,613.13 180,613.13 Totals 6,461,986.84 6,785,086,18 6,785,,086,18 AX LEVY CALCULATION Issue ID# 340909 of Hutchimori, MN GoierM Obfigatim Bonds, Series 2022A Dated (Date: 10/6/2022 CaH Date. 2/1/2032 Tax Tax Bmd Levy Coflect Pay �1) Lew Special CERTIFICATE OF COUNTY AUDITOR AS TO REGISTRATION AND TAX LEVY I, the undersigned, being the duly qualified and acting County Auditor of McLeod County, Minnesota, hereby certify that there has been filed in my office a certified copy of a resolution adopted September 13, 2022, by the City Council of the City of Hutchinson, Minnesota, setting forth the form and details of an issue of $� R41 �5,885,000 General Obligation Bonds, Series 2022A, dated as of October 6, 2022, and levying taxes for the payment thereof. I further certify that the bond issue has been entered on my bond register and the tax required by law for payment of the Bonds has been levied and filed, as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal this day of , 2022. McLeod County Auditor (SEAL) 1 4891-34 � / 449'T44891-3417-449716 Document comparison by Workshare Compare on Tuesday, September 13, 2022 1.42.58 PM Input: Document 1 ID netdocuments://4891-3417-4497/4 Description Bond Resolution - Hutchinson (2022A GO) Document 2 ID netdocuments://4891-3417-4497/6 Description Bond Resolution - Hutchinson (2022A GO) Rendering set Standard Legend: Insertion pele6on Style change Format change 1�p '�l�l� �I � Y V � �� ] � I � � I j N CgCAI"�1 Y I��l, Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 288 Deletions 86 Moved from 0 Moved to 0 Style changes 0 Format changes 0 Total changes 374 HUTCHINSON CITY COUNCIL�� Request for Board Action mmmmmmmm�ummmmmmm�mmm�m��m�m�m�m�m�m�m�mmmmmmmmmmmmm�m�m�m�m�m�m�m�mmmmmm�m�mmmm��mmmmmmmmmmm�m�mmmmmmmm�mmmmmm�mmmmmmmmmmmmm�m�m'mm'uu�m�mmm�ummmmmmmmm�ml�mmm�imu�m�m�mu�m�m�m�m�m�m�mmmmm�mmimm�m�m�mmmmmmmmmmm�im�mmmu��imm�m�m' Agenda Item: Lakes & River Improvements Project Budget and Task Update - Bolton & Menk Department: P/V/Eng LICENSE SECTION Meeting Date: 9/13/2022 Application Complete N/A Contact: John Paulson Agenda Item Type: Presenter: John Paulson Reviewed by Staff ❑ New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The State of Minnesota has allocated $3.1 million to the City of Hutchinson for the for the restoration of Campbell & Otter Lakes. This phase will be focused on reducing the sediment load received by the two lakes from the Crow River and upstream tributaries. This will include: sediment control practices, riparian and lakeshore restoration and an in -stream sediment forebay. The next step of the project is to continue efforts of stakeholder engagement to identify sites for restoration practices that reduce sediment loading to South Fork Crow River and into Otter and Campbell Lakes, design of sediment reduction best management practices, implementation of the projects, and administration of the available funding. The estimated budget for the scope of work is 1,565,000. City staff will provide a brief overview of the work scope and will be available at the meeting to answer any questions. City staff recommends approval of the attached Project Budget and Task Summary. BOARD ACTION REQUESTED: Approval of the attached Project Budget and Task Summary. Fiscal Impact: $ 1,565,000.00 Funding Source: DNR Grant (2021 Legislative Bonding) FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: me 0 Real People. Real Solutions. K4r. Matt ]aunich City Manager City ufHutchinson K4Jaunich@hutchinsonrnn.gov 2638Shadow Lane Suite20U Chaska, IVIN55318-1172 RE: South Fork of the Crow River Sediment Reduction Improvements- City of Hutchinson Dear Mr. Jaunich, |naccordance with your request, below isabudget summary for the costs associated with the South Fork Crow River sediment reduction improvements. This scope has been developed to stay within the available budget of$3.l million dollars as allocated to the City of Hutchinson from the State ofMinnesota for this phase ofthe Otter and Campbell Lakes Restoration. Project Purpose The intent ofthis phase ofthe project istofurtlerreducetheirnpac1ofsedinoentmonvevedbv the South Fork OfCrow River into Otter andCarnpbe||Lokes.ThisphaseoftheO1erand Campbell Lakes Improvements, include sediment reduction from agricultural drainage and from unstable and eroding stream banks of the South Fork of the Crow River. We anticipate the following tasks to be undertaken during the design of these improvements: Task 1—Comm unicmtixns/Administration Communications with stakeholders, property owners, and public; along with administration offunding will berequired throughout the project. Thiseffortis anticipated toinclude: Stmkeho|derCoondination—DuhngthedesignpnocessvvevviUengagethep 'ecL stakeholders to coordinate design elements to meet permitting requirements, coordination with regulatory agencies, and partners that may be affected bythe project improvements. VVeanticipate the stakeholder list toinclude: l. City ofHutchinson Z. Mcleod Soil 0^Water Conservation District (SVVCD) 3. Renville Soil & Water Conservation District (SVV[D) 4. U.S. Army Corp. of Engineers (USACE) v=,mp°.e""^project professional set vices agreement phase z'^mm"and "enmm-1,-2o zsom^m*cr"°*=, sediment reduction.docx Bolton mwenku"^eaual orisrtu^itv° Name: Mr. Matt Jaunich Date: September 6, 2022 Page: 2 5. Minnesota Pollution Control Agency (MPCA) 6. United States Department of Agriculture Natural Resources Conservation Service (USDA NRCS) 7. Minnesota Department of Natural Resources (DNR) 8. Gopher Campfire Conservation Club The goal will be to keep stakeholders informed of progress, identify regulatory changes that are occurring, and to receive over the shoulder review of design elements requiring permitting. Funding Administration —The project has received funding from the State of Minnesota bonding funds being administered by the MnDNR. We will track the reporting requirements for the grant programs and funding partners, prepare the documentation and follow up as necessary to keep the project current with the City's partners. We also will work with City Council and Staff as necessary to seek additional funds. This may include updating the requested amounts, preparing communications, attending meetings, and submitting grant application requests. Task 2 — Mcleod and Renville SWCD Partnership This task will include working with Mcleod and Renville SWCD's to reduce sediment being discharged from agricultural sources to the South Fork Crow River. These two organizations have identified sources within each county and have existing relationships with landowners that will assist in reducing the impact of these sediment on Otter and Campbell Lake. We will also explore opportunities to use state funds to leverage federal funds that may be available to assist in achieving the sediment reduction goals. We will work with the SWCD and City of Hutchinson to prioritize, design, and construct these sediment control practices. The primary focus will be on sediment reducing activities located on private parcels located on or near agricultural land. Task 3 — Stream Bank Stabilization We will complete a stream view drone flight of the South Fork of the Crow River that will be reviewed with stakeholders to identify high priority areas for restoration and stabilization. We will work with stakeholders, city staff and property owners to identify projects that will hold streambanks in place, reduce erosion, and provide new habitat within the river. Bolton & Menk is an equal opportunity employer. Name: Mr. Matt Jaunich Date: September 6, 2022 Page: 3 We will identify parcels needing temporary and permanent easements and put together the necessary descriptions and exhibits to facilitate easement acquisition. Easement acquisition is necessary as the state of Minnesota requires that bonding money improvements be constructed on lands with proper ownership or easements to facilitate maintenance and repair. We will work with stakeholders to identify willing landowners as these will be the priority areas to complete projects and reduce erosion and sediment along the South Fork of the Crow River. We anticipate meeting with property owners near the South Fork Crow River to acquire the necessary easements for the proposed improvements. We will complete final design, permitting and produce bid documents for the stream bank improvements. We will regularly update the City Council on project status and seek approval for bidding and award of these construction projects. Due to the uncertainty in the current bidding environment, we will bid this portion of the project in a manner that will allow the City to include or exclude portions of the project to fit the available funding. Task 4 — Otter and Campbell Lakes Forebay We will work with the stakeholders, property owners and regulators to design a forebay that will capture sediment from the South Fork of the Crow River before it reaches Otter and Campbell Lakes. We anticipate through the EAW process that the permitting and design phases of this portion of the project will be rigorous. We anticipate up to, 5 meetings with the stakeholders to establish the final design that can be permitted by regulators. Upon settling on a final design, we provide and update on project costs and a proposed timeline for bidding and constructing. Bidding and Construction administration of this task is not included in this scope, due to the uncertainty of the design outcomes. We will keep you up to date as we progress through the design phases. Bolton & Menk is an equal opportunity employer. Name: Mr. Matt Jaunich Date: September 6, 2022 Page: 4 Project Costs Costs are broken into the major work tasks that are anticipated. The estimated fees for professional services to complete preliminary design and update project costs by the end of 2023: Task 1— Communications/Administration $ 55,000 Task 2 — Mcleod Soils & Waters Conservation District $ 500,000 Task 3 — Stream Bank Stabilization $ 900,000 Task 4 —Otter and Cambell Lakes Forebay �110 000 *Work efforts beyond the budget established for this initial design phase will be by approval only. This budget reserves $1,435,000 for the construction of the Sediment Forebay at Otter and Campbell Lakes. Schedule The project will proceed on the following general schedule and in accordance with these timeline goals: Task 1— Communications/Administration On -Going Task 2 — Mcleod Soils & Waters Conservation District Oct. 22 - Oct. 24 Task 3 — Stream Bank Stabilization Oct. 22 - June 24 Task 4 — Otter and Campbell Lakes Forebay Oct. 22 — Sept. 23 Communications, agency coordination, and funding activities will occur throughout the duration of the project and will tie to legislative activities and agency coordination needs. Respectfully Submitted, Bolton & Menk, Inc. Todd Hubmer, P.E. Principal Water Resource Project Manager Bolton & Menk is an equal opportunity employer. HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action I�IVVIfVVVIfV110fiIV0fiINVfIIipVVVVIIfVVV10VVVOVIVVOVIIfV110fiIVVVViVVVIIIVIOVIVVOVIIfV110fiIVIVVIIVIIfViINfiINVVIIIVIOVIVVOVIIfV110f010f010fNVVVVVVf010f010f010f010fiIIVVVVVVVIiVVVIiVVVVVVVVVVVVVVVVVVVVVIIfV@IlfiliVVpIiIIIIfiIIIIIIfiIIIV101VIVfiIIIIVfVV0fVV0fViIIlViIiIIIViIIIIVVIIIIIIfVVIIViIVIVOVIIVVIVOVIiIViVIiVVVVhIViIIIIV0IIIVIVI110fIIIIV101V0fViVVfViIV10V10fVIVIV0IVIVIIIVIOIIIVIOIIIVIVIiIViVIiIV101IIIVfI1110fIIV0fIIVIVVIIIIIV0IIVVIiVIVIVIV101110fIIIVIIfVVIIIf011VVIIIV10VIVIVIVIVfViIIVfIIVIVVIIN10VIIIViIIVIIfVVOfIIVOfIIiVVpVIIIVIIIWV0IVIVIVOfVIVIV0IVIVIVOfVVNfIIiVIIfiIIIIV0IIIIVfI1110fIIVIVVIIIVV011IViliVVfViIIVfVIVIVOVIIfV110fIIVIVfV110fV110fVVIVfViVVfIVVIIfOVIIfV110fV110fVVIVVIIIVIQVIIVVVVVf010f010fiIIVVVINVOVNI Approve/Deny Seperating the Public Works Director/City Engineer Position into Agenda Item: two Seperate Positions Department: Administration LICENSE SECTION Meeting Date: 9/13/2022 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff R] New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: No 0 BACKGROUND/EXPLANATION OF AGENDA ITEM: With the current vacancy within the Public Works Director/City Engineer position, Administration is seeking approval from the City Council to seperate that position into two seperate positions that would consist of a Public Works Director and City Engineer. This request is coming to the City Council in accordance with Section 6.04 of the City Charter. If approved, the positions will be updated within the classification system that is approved at the end of each year. This request would transition the department back into a structure they once had. In the mid-2000's, the City employed a Director of Engineer/Public Works and a City Engineer. This request would take us back to a similar setup and structure. Administration is requesting this for three reasons: 1) Administration believes it provides for a better management structure of a department that includes 9 divisions (engineering, transportation, water system, wastewater system, stormwater system, airport, cemetery, urban forestry, and HATS facility) 2) Administration believes the size of the department and the various different job requirements within the department warrant it. 3) Administration believes that separating the positions will provide for greater flexibility in recruiting talent to fill the positions. On a full -year basis, it is estimated that this change will cost the City between $90-$100,000, with $70-$80,000 coming out of the general fund. These costs have already been factored into the 2023 preliminary budget. BOARD ACTION REQUESTED: Approve/Deny Seperating the Public Works Director/City Engineer Position into two Seperate Positions -- Public Works Director and City Engineer Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost. $ 0.00 Funding Source: N/A KA SM HUTCHINSON CITY COUNCIL PlUTCHINSON Request for Board Action I�IVIIIfVVVVVVOfiIVOfiIVIVpIiIIVVIIVIIfVVV101111VOVIVViIIVIIfVVOfiINVVIIiVVVIIIVVVIVIIfVVOfiIVIVVIIIV10VIIVfiIVIVVIiIV10VIVViIIVIIfVV0f011IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVfiIIIIIIfiIIIIIIfiIIIIIIfiIIIIIIfiIIIVViIIVIlfiIillVpliIIVVIIIIVVIIIIVVIIIIVVIIVVOVIIVOVIIVVVIIVVVIIVOVIIVOVIIVOVIIVOVIIV0111111fiIIIIVVIiIIVfiIiVllfiIIVVOVIIVOVIIVOVIIVOV10f010VVVVfViVIIfVIVIIfVIVIIfVIVIIfVIVIIfVIVIIfVVIVVIiIIVfiIiVllfiIIIIV01111VfiIIIIIIfiIIIIV01111VfiIIIIIIfIIiIIVVIiIV10VIVViIIVIIfVVOfiIVIVVIVOfVIVIVIVIViVINIVfiIVIVV01V10VIVV0VIIfV110fiIVIVVIiIVipVhIVOVIIfV110fVVVVOVIIfV110fiIVlVfiliVVpIiIV10V10fiV10fiIVIVV01V10VIVV0VVpIiVV01ipVV01V10VIVV0VIIfV110fiIVIVV01VIpVhlNiIiVIIfVIVIIf0hV00VVfiVVIIf0hVV01VipVhlNiIiVVOVVVOVVVOVIVViIiIVVVV01 Setting the Date for the Annual City Recognition Event/Set Public Meeting Agenda Item: Department: Administration LICENSE SECTION Meeting Date: 9/13/2022 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑� New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: On an annual basis, the City conducts an event to recognize the employees and volunteers who serve the City of Hutchinson. The last few years, the City Administrator has provided a "State of the City" report to those attending. This event is normally held in the fall of the year at the Hutchinson Event Center. Invited attendees and an adult guest are provided with a complimentary meal. The format for the 2022 event is proposed as follows: 5:30 p.m. Check -in and social time 6:30 p.m. Dinner 7:15 p.m. State of the City presentation/program by City Administrator Jaunich to acknowledge and to thank current employees, recent retirees, and the volunteer board and commission members, and to highlight any notable departmental and employee achievements throughout the past year. The date proposed for the event is Thursday, November 3, 2022. It is requested that the Council set a date for the event, set it as a public meeting for the Council, and approve the proposed event format. BOARD ACTION REQUESTED: Consideration of setting the date for the annual City Recognition Event for November 3, 2022, from 5:30 to 8:30 p.m. at the Hutchinson Event Center and setting the event as a public meeting for the Council members to attend. Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A MINUTES I .1 Wednesday, July 20, 2022 "all to order — 3:00 p.m. President Matt Cheney called the meeting to order. Members present: President Matt Cheney; Vice President Anthony Hanson; Commissioner Robert Wendorff; GM Jeremy "I Carter; Attorney Marc Sebora LIM, 2. Approve Consent Agendv- a. Approve Minutes b. Ratify Payment of Bills Noted that Kathy Silvernale should be added to the June minutes as being present. Motion by Commissioner Wendorff, second by Commissioner Hanson to approve the Consent Agenda. Motion carried unanimously. Mr. Martig presented the Financial Statements. The transmission invoice was just received for $65k over the estimate for June. June 2022 had over $100k in other revenues from the sale of surplus equipment. Taking the extra transmission and other revenues into account would bring the net loss very close to June 2021. GM Carter noted the Investment report includes $5M in short-term CD's and Treasuries that were invested in June. Motion by Commissioner Hanson, second by Commissioner Wendorff to approve the financial statements. Motion carried unanimously. 5. Communication a. City Administrator — Matthew Jaunich — 1. Continuing to work on projects; PD and Ice Arena b. Divisions i. Dan Lang, Engineering Services Manager — 1. Provided an update on the Hutch Sub Transmission Upgrade Project- MRES will be submitting the project to MISO on Friday and requesting to expedite the review process due to the transmission constraints present in the HUC area and the expected increase of the HUC load in the near future. ii. Dave Hunstad, Electric Transmission/Distribution Manager — Nothing to report iii. Mike Gabrielson, Production Manager — Nothing to report iv. John Webster, Natural Gas Division Director — 1 . Large Customer South of HUC will be interconnecting with HUC next year. Currently customer is out securing easements. Plan is to start flowing gas by next Fall. HUC has been working with consultants to start the engineering process. Interconnect and Transmission agreements are currently being worked on 2. Weather permitting, Staff will be flying the pipeline tomorrow. Patrolling for leaks is an annual requirement by DOT v. Jared Martig, Financial Manager — Nothing to report c. Human Resources i. Brenda Ewing 1. Will be retiring at the end of August, expressed thanks and gratitude throughout the years Commissioners and Staff thanked Brenda for her years of service. w-mr."war, M.-Mm, msz•'; • '•• 3-NUZH230= e. General Manager — Jeremy Carter i. Staff is working on a couple of contracts 1) Power Supply Contract with a prospective customer and 2) Removal of Units 3, 4 & 8. May need to schedule a special meeting in August ii. Working on Cost of Service data and analysis FT. Policies a. Review Policies i. Appendices of Exempt Handbook ii. Appendices of Non -Exempt Handbook 8. New Business a. Re -Adopt the Data Practices Act & Public Records Request Policy Mr. Sebora presented Re -adopt the Data Practices Act & Public Records Request Policy. The State of Minnesota requires that political subdivisions like HUC adopt a data practices policy, which guides both the HUC and members of the public in the data practices policy annually prior to August 1. There are no changes. A motion by Commissioner WendonY, second by Commissioner Hanson to Re- adopt the Data Practices Act & Public Records Request Policy. Motion carried unanimously. N 9. Adjourn There being no further business, a motion by Commissioner Hanson, second by Commissioner Wendorff to adjourn the meeting at 3:09p.m. Motion carried unanimously. Don MartineZ, Secretary ATTEST: Matt Cheney, President p EDA Board Meeting Hutchinson Enterprise Center 11:30 AM Wednesday, July 27th 2022 MEETING MINUTES Members present in bold. EDA Board Members Mike McGraw Jonny Block Mike Cannon Corey Stearns Chad Czmowski Mary Christensen Jack Daggett Jeremy Carter Staff Miles Seppelt, EDA Director Matt Jaunich, City Administrator Andy Reid, Finance Director Maddie Newcomb, EDA Program Manager I. Call to Order Meeting called to order at 11:32 AM. II. Review Agenda III. Review Minutes a. b. June 15t' Finance Team meeting M/S/P: Stearns, Czmowski to approve the minutes as written. Passed unanimously. June 22"6 EDA Board Meeting M/S/P: Block, Christensen to approve the minutes as written lie'go 021/10/110VU 0111LIN rfmfilai N, mo;Iwzvo,% MR/m/1 'ON/3'r Operations Cash Available $170,871 Reserved $56,736 Unreserved $110,508 Economic Development Loan Fund Cash Available $137,482 Zephyr Wind Services $68,586 Laser Dynamics Balance (forgivable) $23,000 Innovative Foam Balance (forgivable) $14,355 Advances to other funds (Enterprise $236,488 Center) Downtown Revolving Loan Fund Cash Available $439,062 Loans Receivable $299,792 Capital Assets $201,329 Total Assets $1,077,095 IMIF Loan Fund Cash Available $7,804 MOXY Loan Receivable $9,528 Enterprise Center Fund Cash Available $35,161 SHOPKO TIF District (TIF 4-5) Cash Available $288,824 Interfund Loans Receivable $384,685 MEDICAL CLINIC TIF District (TIF 4-16) Interfund Loan Payable $260,412 Passed unanimously IV. Review of EDA Financial Statements Staff provided an update on the EDA financials. (Please refer to table) M/S/P: Cannon, Stearns to approve the financial reports as presented. Passed unanimously. V. Director's Report A. Marketing Plan: FB = 753, T = 98, Facebook updates = 12, Twitter updates = 2, Website updates = 5 B. Business Recruitment / Expansions — staff gave an overview of projects. C. Update on local manufacturer expansions — Stearnswood is going well, working on sewer system. They are hoping to be in their building in September. Pride Solutions' expansion is also moving along nicely, walls are going up currently. They are hoping to be in that space in October. D. River House — opening August 1 st, soft opening this week. E. Hutch Uptown Commons — Relocation specialist is working through their process. F FEMA Grant adjusted to $676,425.75 — EDA received an inflation adjustment of about*162k G. 3K4grant approved (about $3UK)—this will beused 0opurchase alarge format printer, ascreen printer, and alaser engraver. H. Quade Project — still waiting on documents needed to do the gap analysis to justify the need for public assistance. |Fie|akoLoan —ACHset up/UCCflied. J. "Minnesota Manufacturing City" tnodemark—nenevmed. K. Hutchinson Property tax trends — Hutchinson has the 2nd lowest tax rate in McLeod County, we are ranked 15moverall inRegional Center Cities, but still lower than the state avg. L. Superintendent — Miles had lunch with new superintendent Dan Dietz M. Gold Coin — reached out to owners, will hopefully meet with them next week to discuss their project. Vi. Consider 2023 EDA Budget &Lmvy Request Proposing stepped upmarketing /CVN/SBDC " Discussion onmarket value changes over the next year. " Discussion onthe maximum levy increase the EDAcan request (about *35k) " Finance Team recommended asking for $21,465 — a 9.8% increase over last year. " That levy request would go to pay for the increase in health insurance costs, advertising/marketing expenses, and contributions tocivic organizations. MISIP: Cannon, Stearns to request a 9.8% increase in our levy, in the amount of $21,465, and to also inquire if the City Council would consider granting the full levy increase amount of $35,352. Passed unanimously. Vi|. WorhforcmMarkmtng|nitiativm—FurthmrDhmuummion " Discussion on workforce changes, Hutchinson has had a 4.9% decline in workforce over the last 7 years. " Minnesota currently has a1.896unemployment rate, the lowest inthe U.S. " Reviewed labor force projections for 2033, and reviewed workforce commuting patterns. " 3-step marketing initiative proposal overview, the EDA would partner with the City. Project is expected tocost around $0O-7Okand bouminimum one-year effort. " Discussion nnsources/uses for the project. " Next step iotomeet with HRProfessionals onAugust 0m. ViU. mFPfor Franklin Street .33*ore lot " Developer does not want the .33-amelot across from Uptown Commons site, proposal imtodevelop anRFPfor this lot and present todevelopers. ^ Consensus iatodevelop the RFPand send itout. " Reviewed the updated sources/uses for the Uptown Commons project. " Developer is ready to start this project, still waiting on the relocation consultant to finalize numbers for the housing differential that has tobopaid tnthe homeowners. " Will bring back next month to approve the offers to the homeowners, hoping to have purchase agreements inplace bySeptember. IX Grant & Loan Program Applications Commercial Rehabilitation Loan Program PawnShopBuilding—KirkQuado $00000 140 Main St N MISIP: Block, Christensen to approve the Commercial Rehabilitation Loan in the amount of $60,000 for 10 years nt3J596interest. Passed unanimously. X. QthmrBusinmoe—UpdatenonthoJorgenoonHote|ondFlankSteakhouye X1. Set Next Meeting —11:38AMWednesday, August 24m.2O22 X11. Adjourn —With no further business to attend to, the meeting adjourned at 12:54pm. Respectfully Submitted, Madison Newcomb EDA Board Special Meeting Hutchinson Enterprise Center 11:30 AM Monday, August 15th, 2022 MEETING MINUTES Members present in bold. EDA Board Members Mike McGraw Jonny Block Mike Cannon Corey Stearns Chad Czmowski Mary Christensen Jeremy Carter Staff Miles Seppelt, EDA Director Matt Jaunich, City Administrator Andy Reid, Finance Director Maddie Newcomb, EDA Program Manager I. Call to Order Meeting called to order at 11:32 AM. II. Review Agenda III. Authorize offer letters for Rannow & Witt properties Hutch Uptown Commons Project • Discussion on comparables and differential payments. • Appraised value + differential + moving costs + closing costs = total • Totals: Rannow - $294,650, Witt - $294,650, Witt Rental (145) - $86,000, Witt Rental (135) - $143,000 • Still waiting on comparables from the relocation consultant to come up with a total for Olson. • Overview of updated project budget and TIF projections. • Discussion on other possible ways to cover expenses (TIF Revenue Bond) • Developer is ready to kick this project off, next step is to go through the planning process and get a site plan approved. Could potentially start this project in the spring. • Discussion on the trail segment. M/S/P: Block, Cannon to authorize sending offer letters to Janice Rannow and Greg Witt for 4 properties as presented above. Passed unanimously. IV. Update on Company Prospects Community Venture Network Companies • Staff gave an overview and update on prospective companies. • Discussion. V. Adjourn — With no further business to attend to, the meeting adjourned at 12:23pm. Respectfully Submitted, Madison Newcomb FDA Program Manager